Shiv Pujan Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10299 of 2018 Arising Out of PS.Case No. -352 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shiv Pujan Thakur, S/o Late Jagdeo Thakur,
2. Sima Devi W/o Shiv Pujan Thakur,
3. Ramakant Thakur S/o Mohan Thakur, All R/o Village- Jaga Pakar Tola, Bahrampur, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Harsidhi PS case no. 352 of 2017 registered for the offences punishable under Sections 354, 379 and other sections of Indian Penal Code and 3/4 of Prevention of Witch (Daain) Practices Act, 1999 (Daain Act).
After some arguments, the learned counsel for the petitioners seek permission to withdraw the anticipatory bail petition of the petitioner no. 1.
Accordingly, the present petition, as far as petitioner no. 1 is concerned, is disposed of as withdrawn and it is directed
Patna High Court Cr.Misc. No.10299 of 2018 (2) dt.22-02-2018 2/3 that in case, the petitioner surrenders before the court below within a period of two weeks from today, his prayer for regular bail shall be considered and disposed of on the same day considering the fact that the matter has already been compromised. Now coming to the merits of the case, the accused persons are said to have assaulted the members of the prosecution side resulting in injuries having been suffered by the prosecution side.
The learned counsel for the petitioners submits that there is general and omnibus allegation against petitioners no. 2 and 3 and moreover, the present case arises out of case and counter case. It is further submitted that the petitioners are having a clean antecedent and a compromise has also taken place. Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners no. 2 and 3 to the privilege of anticipatory bail. Accordingly, the petitioners no. 2 and 3, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East
Patna High Court Cr.Misc. No.10299 of 2018 (2) dt.22-02-2018 3/3 Champaran (Motihari) in connection with Harsidhi PS case no. 352 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T