Sarita Devi @ Sima Devi @ Sobha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29990 of 2016 Arising Out of PS.Case No. -721 Year- 2015 Thana -MOTIHARI TOWN District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. SARITA DEVI @ SIMA DEVI @ SOBHA DEVI wife of Niraj Kumar
2. Munni Devi wife of Dhiraj Kumar
3. Reena Devi wife of Viraj Kumar
4. Rekha Devi wife of Govind Mahto All are resident of Belbanwa, P.S- Motihari Town, District East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate. For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2016 Heard both sides.
The petitioners, namely, Sarita Devi @ Sima Devi @ Sobha Devi, Munni Devi, Reena Devi and Rekha Devi, apprehend their arrest in Motihari Town P.S. Case No. 721/2015 registered under Sections 341, 323, 324, 354, 379, 506, 504, 34 of the Indian Penal Code and Sections 3 / 4 of The Prevention of Witchcraft Practices Act.
The informant alleged that night-soil was thrown at his Darwaza. On enquiry, Govind Mahto became infuriated and started abusing the informant. It is alleged that Govind Mahto and others assaulted the informant and also assaulted his daughter Bulbul Kumari. It is further alleged that the petitioners, who are
Patna High Court Cr.Misc. No.29990 of 2016 (2) dt.06-09-2016 2/2 ladies came there and assaulted the wife and daughter of the informant with fists and slaps making allegation of witch. Learned counsel for the petitioners submits that the wife of the informant has not received any injury. The petitioners are next door neighbours and, on petty dispute, this false case has been lodged. Considering the nature of allegation made against the petitioners and the fact that the petitioners are ladies, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in Motihari Town P.S. Case No. 721/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T