Jeera Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54505 of 2017 Arising Out of PS.Case No. -460 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jeera Devi, wife of Ambika Mahto,
2. Gaya Devi, wife of Akulu Mahto,
3. Ambika Mahto, son of Late Jamdar Mahto, All resident of villageDhekanha Laxman Tola, P.S. Muffasil, District-East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Motihari Muffasil P.S. Case no. 460 of 2017, registered under Sections 341, 342, 323, 354-B, 379, 504 and 506/34 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practices Act. The accusation is that petitioners being the "Pattidar" of informant Saroj Devi reached at the door of the informant and made complaint about playing witch craft to a boy and started to abuse denoting her "Daain". At that time, informant was laid on the ground and her clothes was unfolded by causing assault through fist and slaps. At that time, all the accused persons tried to press neck by Gamchha they also tried to administer human stool to the informant, but on
Patna High Court Cr.Misc. No.54505 of 2017 (2) dt.15-11-2017 2/2 raising alarm the villagers reached there then they threw the stool on the body of the informant.
Learned counsel for the petitioners submits that petitioners and informant are Gotiya and due to family dispute, the petitioners have falsely been implicated in this case with false allegation as alleged in the F.I.R. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Muffasil P.S. Case No. 460 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T