Anita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1846 of 2018 Arising Out of PS. Case No.-259 Year-2017 Thana- MADHUBAN District- East Champaran ======================================================

1. Anita Devi, Wife of Krishna Nandan Sahani,

2. Krishna Nandan Sahani, Son of Parichan Sahani,

3. Kuish Sahani, Son of Jai Kisun Sahani.

4. Virendra Sahani, Son of Jainarayan Sahani.

5. Baleshwar Sahani, Son of Virendra Sahani, All residents of Village- Kaswa, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Madhuban P.S. Case No. 259 of 2017 registered for the offence punishable under Sections 341, 323, 324, 379, 354B, 504/34 of the Indian Penal Code and Sections 3⁄4 of the Witchcraft Practices Prohibition Act, 1999.

The case of the prosecution is regarding the accused persons assaulting the prosecution side resulting in injury to the members of the prosecution side.

The learned counsel for the petitioners submits that though time has been granted to the counsel for the informant to

Patna High Court Cr.Misc. No.1846 of 2018(3) dt.16-02-2018 2/2 produce the injury report but no such injury report has been put on record. It is further submitted that in fact there is no injury report available on the records of the case. It is further submitted that the petitioners are having a clean antecedent. Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P.S. Case No. 259 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T