Navin Kumar Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68333 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- RAHIKA District- Madhubani ====================================================== 1.

NAVIN KUMAR BHANDARI, Son of Ram Roop Bhandari Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani. 2.

Umesh Bhandari, Son of Late Jageshwar Bhandari, Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani.

3.

Kishun Bhandari @ Kishun Kumar Bhandari, Son of Late Jageshwar Bhandari Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani. 4.

Arun Bhandari @ Arun Kumar Bhandari, Son of Ram Bhandari Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani. 5.

Sheo Shankar Kumar Bhandari Son of Anirudh Bhandari Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani.

6.

Mukesh Bhandari @ Mukesh Kumar Bhandari Son of Late Arjun Bhandari Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani. 7.

Mithilesh Bhandari @ Mithilesh Kumar Son of Late Arjun Bhandari Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani. 8.

Poonam Devi W/o Dilip Bhandari Resident of Village - Satghara, P.S.- Rahika, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Rahika P.S. Case No. 55 of 2019, disclosing the offences under Sections 143, 323, 448, 354, 379 of the Indian Penal Code and Section 3⁄4 of Prevention of Witch Practices Act, 1999.

Patna High Court CR. MISC. No.68333 of 2019(2) dt.27-11-2019 2/3 The petitioners belong to the same family.

Learned counsel appearing on behalf of the petitioners has submitted that the informant and the petitioners are agnates. The informant is aunt of the petitioner No. 1. There is allegation against all persons named in the First Information Report including a female member of having caught the informant, assaulted and disrobed her.

Learned counsel for the petitioners has submitted that for an occurrence said to have taken place on the same day, a counter case has been registered in which the informant is an accused. He further submits that a false case has been lodged because of petty dispute over property between the parties. Considering the above submission, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on 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 Additional Chief Judicial MagistrateI, Madhubani, in connection with Rahika P.S. Case No. 55 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners

Patna High Court CR. MISC. No.68333 of 2019(2) dt.27-11-2019 3/3 shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T