Mukesh Tuddu @ Mukesh Hembram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59900 of 2024 Arising Out of PS. Case No.-205 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== Mukesh Tuddu @ Mukesh Hembram Son of Dinesh Hembram R/O Vill.- Bishanpur, Sarjuga, P.s.- Dhamdaha, Dist.- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with S. Tr. No. 123 of 2024/C.I.S. No. 123 of 2024 arising out of Dhamdaha P.S. Case No. 205 of 2022, registered for the offences punishable under Sections 364, 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. Subsequently, section 302 of the Indian Penal Code was added.
3. As per prosecution case, all the F.I.R. named accused persons including this petitioner, armed with deadly weapons, entered into the house of informant by calling the elder sister of informant witch and brutally assaulted her with sharp edged weapons and disappeared her. It is further alleged that accused persons also took away all the house hold articles including cash, buffalo etc. Informant suspects that her elder
Patna High Court CR. MISC. No.59900 of 2024(3) dt.25-10-2024 2/2 sister was murdered and accordingly disappeared.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The charge-sheet has already been submitted. Similarly situated several co-accused persons having similar allegations have already been granted bail by a co-ordinate Bench of this Court vide orders dated 12.07.2023 and 21.08.2023 passed in Cr. Misc. Nos. 13788 of 2023 and 51208 of 2023 respectively. Petitioner is in custody since 31.10.2023.
5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.
6. Having considered the aforesaid facts and circumstances of the case and similarly situated several coaccused persons have already been granted bail, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. -III, Purnea in connection with S. Tr. No. 123 of 2024/C.I.S. No. 123 of 2024 arising out of Dhamdaha P.S. Case No. 205 of 2022. (Prabhat Kumar Singh, J) utkarsh/- U T