Shyam Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42253 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -LAXMIPUR District- JAMUI ======================================================
1. Shyam Das, Son of Sri Kuthal Das,
2. Kapil Das, Son of Sri Kuthal Das,
3. Upendra Das, Son of Sri Kuthal Das,
4. Ranju Devi, Wife of Shyam Das,
5. Ranjeet Das, Son of Sahdev Das. All resident of Village- Dighra, P.S.- Laxmipur, District- Jamui.
.... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mukul Jee For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Laxmipur P.S. Case no. 59 of 2017, registered under Sections 341, 323, 325, 354 and 379/34 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daayan) practices Act. The accusation is that on 18.04.2017 at about 7.30 P.M. son of the informant was taking dinner, at that time accused-petitioners came at her house having armed with iron rod and lathi in their hands and started causing accused. In that course, petitioner No.1 assaulted the informant over her head through iron rod, whereas petitioner No.2 caused injury through iron rod to Ashis Kumar, son of the informant. Thereafter, petitioner No.3 and 5 started assaulting through lathi to the
Patna High Court Cr.Misc. No.42253 of 2017 (2) dt.19-09-2017 2/2 informant and her son, when Ram Das, husband of the informant rushed to save them then petitioner No.1 tried to cause injury, but anyhow he saved himself, then petitioner No.5 assaulted him. Learned counsel for the petitioners submits that while allegation has been made to cause injury to the informant and her son Ashish, but injuries as found on the persons of the informant and her son are simple in nature. The petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M-III, Jamuui in connection with Laxmipur P.S. Case No. 59 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T