Kishor Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68309 of 2021 Arising Out of PS. Case No.-453 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Kishor Mahato Son Of Late Bhuti Mahto Resident Of Village- Madhopur Ward No. 03, P.S.- Majhaulia, District- West Champaran. 2.

Zaheer Mian Son of Shadique Mian Resident of Village- Madhopur Ward No. 03, P.S.- Majhaulia, District- West Champaran. 3.

Shambhu Mahto Son of Late Mandal Mahto Resident of Village- Madhopur Ward No. 03, P.S.- Majhaulia, District- West Champaran. 4.

Ramchandra Mahto Son of Late Mangal Mahto Resident of VillageMadhopur Ward No. 03, P.S.- Majhaulia, District- West Champaran. 5.

Sangeeta Devi Wife of Kishore Mahto Resident of Village- Madhopur Ward No. 03, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 339, 504, 506/34 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch Practices Act.

It is alleged that all the accused persons

Patna High Court CR. MISC. No.68309 of 2021(4) dt.26-09-2022 2/3 including the petitioners assaulted the son of the informant, abused the informant by calling her a witch and made an attempt to outrage the modesty of the informant.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in this case. It is further submitted that in the retaliation of previous case which was filed by the co-accused Nippu Kumar in which the son of the informant is also an accused, the present F.I.R. has been registered. It is further submitted that the injury report of the son of the informant does not corroborate with the prosecution version. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail

Patna High Court CR. MISC. No.68309 of 2021(4) dt.26-09-2022 3/3 on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 453 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T