Brahmdev Mahto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16761 of 2015 Arising Out of PS.Case No. -179 Year- 2014 Thana -PUPRI District- SITAMARHI ======================================================
1. Brahmdev Mahto, son of Late Makkhan Mahto
2. Shushil Mahto, Son of Brahmdev Mahto
3. Sukhdev Mahto, son of Ramrekha Mahto All R/o Village- Yadupatti, P.S. - Pupri, District - Sitamarhi .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. U.S.P.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2015 Heard both sides.
The petitioners apprehend their arrest in a case under Section 354 and other sections of the Indian Penal Code and Sections 3/4 of the Prevention of Witchcraft Practices Act. It is submitted that the complainant alleged that on 05.03.2014, the petitioner entered into her house, assaulted the complainant and others, saying her 'Witch', but the complaint petition was drafted on 04.04.2014. The complaint petition was placed before the learned S.D.J.M., Pupri at Sitamarhi and the same was sent to the concerned Police Station on 16.07.2014 for institution of a case for the occurrence on 05.03.2014. Brahmdev Mahto, petitioner no. 1, filed Pupri P.S. Case No. 50 of 2014 and the present case is a counter-blast, that too, lodged after many
Patna High Court Cr.Misc. No.16761 of 2015 (2) dt.05-05-2015 2/2 months.
Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender in the court below within four weeks from today, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri at Sitamarhi in Pupri P.S. Case No. 179 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) Dilip/- U T