Latifan Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50325 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Latifan Khatoon, Wife of Samsuddin Mian,

2. Samsuddin Mian, Son of Adalat Mian.

3. Reyazul Mian, Son of Samsuddin Mian, All residents of Village- Bakharia, P.S.- Majhaulia, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-10-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Majhaulia P.S. Case No. 98 of 2016 instituted for the offences punishable under Sections 147, 148, 149, 323, 325, 354, 380, 384, 427, 307 of the Indian Penal Code and Section 3 /4 of the Witchcraft Practices Prohibition Act, 1999 (Dayeen Act). The case has been registered on the basis of the complaint petition.

Patna High Court Cr.Misc. No.50325 of 2017 (2) dt.18-10-2017 2/3 It has been submitted that the complainant (informant) and the petitioners are agnates and for land dispute, occurrence of assault took place between the parties. A police case vide Majhaulia P.S. 82 of 2016 has been lodged by the petitioner No. 1 on 04.04.2016 for the occurrence dated 01.03.2016. The present police case based on the complaint petition was filed on 13.04.2016 for the occurrence dated 01.03.2016. There is also a delay of above one month in lodging the case. It further appears that the case has been compromised. The allegation of attempt to administer obnoxious substance, committing theft of household articles and assault is omnibus in nature. The case has been compromised by both the parties and so, they deserve anticipatory bail.

The learned A.P.P. for the State, on the other hand, opposed the submission.

Considering the facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, West Champaran at Bettiah in connection with

Patna High Court Cr.Misc. No.50325 of 2017 (2) dt.18-10-2017 3/3 Majhaulia P.S. Case No. 98 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) ajay gupta/- U T