Sakhi Chand Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32258 of 2014 Arising Out of PS.Case No. -69 Year- 2014 Thana -BELA District- SITAMARHI ====================================================== Sakhi Chand Sah, Son of Late Tapsi Sah, resident of village- Bahuarwa, P.S.- Bela, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajan, Adv. For the State : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-01-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 307, 494, 498(A), 504/34 of the Indian Penal Code and Sections 3/4 of the Witch Craft Act. Considering that the Petitioner is in custody since 30.5.2014, let the Petitioner above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Sri Dipak Kumar, Judicial Magistrate, 1st Class, Sitamarhi, in connection with Bela P.S. Case No.

69 of 2014 subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

Patna High Court Cr.Misc. No.32258 of 2014 (7) dt.12-01-2015 2/2 Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

The Petitioner is directed to deposit a sum of Rs.750/- (Seven hundred fifty) per month in the Court below firstly within 15 days from the date of receipt of this order and subsequently by 15th every month which the wife of the Petitioner will be at liberty to withdraw without prejudice the right of the Parties. The Court below shall inform the wife of the Petitioner about the present order. However, if the Complainant/Informant has a Bank account or subsequently opens a Bank account, the money shall be deposited in the account and a receipt to this effect shall be filed by 15th every month in the Court below and in case he fails to do so, his bail would be automatically cancelled. (Anjana Prakash, J) S.Ali/- U T