Patna High CourtCR. MISC./41658/2014bail granted

Shakandar Sah @ Sikandar Sah @ Shakendar Sah And ORS v. The State Of Bihar

2015-04-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41658 of 2014 Arising Out of PS.Case No. -87 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Shakandar Sah @ Sikandar Sah @ Shakendar Sah

2. Santosh Sah

3. Mantosh Sah @ Mantosh Kumar.

4. Parwati Devi.

5. Indu Devi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2015 It appears that inadvertently vide order dated 20.03.2015, the case diary was called for in Complaint Case No. 87 of 2013. Hence, the order dated 20.03.2015 is rescinded. The petitioners are apprehending arrest in a compliant case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341, 504 and 506/34 of the Indian Penal Code and Section 4 of the Prevention of Witch (Daain) Practices Act. It is alleged that the accused persons used to call the mother of the complainant a witch and on protest being made, the complainant and his mother were assaulted.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.41658 of 2014 (3) dt.01-04-2015 2/2 for the occurrence of 16.06.2013, the complaint was filed on 18.08.2013 and there is counter version of the occurrence also. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Complaint Case No. 87 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Learned counsel for the petitioners is permitted to make necessary correction in the petition.

(Dinesh Kumar Singh, J) Amrendra/- U T