Patna High CourtCR. MISC./49295/2016bail granted

Nashima Khatoon And ANR v. The State Of Bihar

2016-12-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49295 of 2016 Arising Out of PS.Case No. -488 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Nashima Khatoon wife of Md. Chunnu, Resident of VillageRanishakarpura, P.S.-Gangour, District- Khagaria

2. Md. Subhan son of Md. Hakimuddin, Resident of VillageRanishakarpura, P.S.-Gangour, District- Khagaria .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bharat Bhushan, Adv. For the Opposite Party : Mr. Narsingh Tanti, APP 111 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 323, 341, 504, 506, 379 and 34 of the Indian Penal Code and 3 and 4 of the Witch Practices Act. Co-accused, Nazia Khatoon, has also lodged a case under Section 376 of the Indian Penal Code against the informant, as submitted by the learned counsel for the petitioners and for that reason the present first information report with false allegation has been lodged that the petitioners were leveling allegation of witch craft against the mother of the informant and for that reason they committed assault.

Submission is that the petitioners have got no criminal antecedent.

Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Khagaria (Gangour) P.S. Case No. 488 of 2016 to the satisfaction

Patna High Court Cr.Misc. No.49295 of 2016 (2) dt.09-12-2016 of the Chief Judicial Magistrate, Khagaria, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √