Imtabul Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15602 of 2018 Arising Out of PS.Case No. -566 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Imtabul Ansari, S/o Sipahi Ansari,

2. Rezwan Ansari, S/o Sipahi Ansari,

3. Ekrabun Nesha alias Akrabun Nesha, W/o Sipahi Ansari, All are residents of Village- Sundarpur, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 Heard the learned counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Turkauliya P.S. Case No. 566/2017 dated 09.09.2017 instituted for the offences under Sections 147, 341, 323, 354, 379, 504 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 1999. The petitioners are said to have assaulted the wife of the informant on suspicion that she practices black magic. She was also allegedly made to drink a dirty substance which led her to vomit. Some personal belongings of the informant have also been taken away by the accused persons, including the petitioners. Learned counsel for the petitioners has drawn the

Patna High Court Cr.Misc. No.15602 of 2018 (2) dt.05-04-2018 2/2 attention of this Court to the fact that the informant of this case is none else but the own uncle of petitioner nos. 1 and 2 and has also shown that father of petitioner nos. 1 and 2 had earlier lodged a complaint against the informant and others vide Complaint Case No. 648/2017. There is, it has been submitted, land dispute between the parties who are very close agnates and therefore the present case has been lodged.

Considering the relationship between the parties and the nature of accusation, the petitioners are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia P.S. Case No. 566/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T