Patna High CourtCR. MISC./25717/2016allowed

Parvindra Sah And ANR v. The State Of Bihar

2016-07-05Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25717 of 2016 Arising Out of PS.Case No. -338 Year- 2013 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Parvindra Sah, son of Mahendra Sah

2. Sunaina Devi, Wife of Mahendra Sah Both resident of Village- Boaridih, P.S.- Gaighat, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 05-07-2016 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 341, 323, 324, 504, 506, 379 and 307/34 of the Indian penal Code and Section 3/4 of the Witch Craft Practice Act. Petitioner no.1 is son of petitioner no.2.

Learned counsel submits that the petitioners have been falsely implicated in the instant case on account of earlier case lodged by the father of petitioner No. 1. He further submits fact petitioner no.2 had also sustained biting injuries on her face.

Patna High Court Cr.Misc. No.25717 of 2016 (2) dt.05-07-2016 In the facts and circumstances of the case, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S. Case No. 338 of 2013, subject to the conditions as laid down under section 438(2) of the Cr.P.C. with the further condition that petitioner no.1 would not physically absent for two consecutive dates at stretch till two witnesses are examined.

(Samarendra Pratap Singh, J.) Uday/- U T