Laloo Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54861 of 2016 Arising Out of PS.Case No. -313 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Laloo Das
2. Meghu Das
3. Ramanand Das All three S/o Yogendra Das
4. Nitish Kumar S/o Nagina Das.
5. Dhanmati Devi@ Dhanwanti Devi @ Danuwanti Devi, W/o Meghu Das.
6. Sangeeta Devi, W/o Laloo Das, All R/o Munshi Bazar, P.S. Harsidhhi, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch (Dain) Practice Act, 1999.
Allegation is that the petitioners abused, caught hair of the informant and caused hurt to her by fists, slaps and leg and they also caused hurt to informant's son by lathi and danda. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. All the
Patna High Court Cr.Misc. No.54861 of 2016 (2) dt.23-12-2016 2/2 offences are bailable except offence under Sections 324, 379 I.P.C. and Sections 3 and 4 of the Prevention of Witch (Dain) Practice Act. There is no injury report in the case diary to make out a case under Section 324 I.P.C. As far as offence under Section 379 I.P.C. is concerned, the same is ornamental in nature. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. case No.313 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T