Mohan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60416 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- DAUDNAGAR District- Aurangabad ======================================================

1. Mohan Singh, S/o Late Harihar Singh,

2. Hiramani Devi W/o Satyendra Singh, Both are R/o Vill.- Mahabirganj, P.S.- Daudnagar in the District of Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 379, 447, 504/34 of the Indian Penal Code and 4/5 of Dayan Act.

The prosecution case, in brief, is that while the informant was sitting at her door, the accused persons went there and started abusing and branded her to be a witch practitioner. When the protest was made by informant's daughter-in-law, she was assaulted by accused persons. It is further alleged that Rs. 5000/- and Mangalsutra were taken away by the accused persons.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.60416 of 2018(3) dt.22-11-2018 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. From the FIR, it appears that the allegation of assault is against co-accused namely, Purushottam Kumar. No injury has been attributed against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/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 Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 211 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T