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Patna High CourtCR. MISC./49618/2015bail granted

Santosh Singh And ORS. v. The State Of Bihar

2015-11-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49618 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Santosh Singh Son of late Ram Sogarath Singh

2. Chhoti Devi wife of Santosh Singh

3. Niru Kumari daughter of Late Ram Sogarath Singh

4. Minu Kumari daughter of late Ram Sogarath Singh all are residents of Village- Jihuli, Police Station- Patahi, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 448, 380, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. The prosecution case is that on protest being made for getting the vegetable crop of the informant grazed by the animals by the accused persons, they entered into the house of the informant, called her a witch and when sons and daughters of the informant came to rescue, they were assaulted. The one son and one daughter of the informant were confined in a room and attempt was made to kill them. It is submitted by learned counsel for the petitioners that petitioners are agnates to the informant and for

Patna High Court Cr.Misc. No.49618 of 2015 (2) dt.05-11-2015 2/2 a petty dispute the accusation has been levelled. Moreover for the occurrence of 08.05.2015 the First Information Report was registered on 10.05.2015. The informant has retracted from the initial version and filed a petition to that effect before learned Court below.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sikarahana at Motihari, East Champaran in connection with Patahi P.S. Case No. 65 of 2015, arising out of G.R. Case No. 657 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T