Md. Haseeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50039 of 2022 Arising Out of PS. Case No.-117 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== 1.

Md. Haseeb Son Of Md. Nasser Resident Of Village - Gaura, P.S.- Simri, Dist.- Darbhanga.

2.

Maimun Nisha W/o Md. Nasser Resident of Village - Gaura, P.S.- Simri, Dist.- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Prasad For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Simri P.S. Case No. 117 of 2022 registered under Sections 147, 341, 342, 323, 384 and 354 of the Indian Penal Code & Section 3/4 of Prevention of Witch Practices Act.

Allegation against the petitioners is of assaulting to the wife of the informant by calling her witch and tied with electric pole.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.50039 of 2022(3) dt.11-01-2023 2/2 have falsely been implicated in this present case due to previous enmity and land dispute which were going on between the parties and also because of dirty politics. Petitioners have got no criminal antecedent. It is further submitted that there is no overt act against the petitioners of assaulting and calling the witch to the wife of the informant. Petitioners are languishing in judicial custody since 26.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Simri P.S. Case No. 117 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IV, Darbhanga. (Sunil Kumar Panwar, J) shubham/- U T