Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18369 of 2018 Arising Out of PS.Case No. -449 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sita Devi, wife of Gama Sharma, resident of village- Kawalpur Telia Tola, Turkaulia, P.S. -Turkaulia, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate For the State : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Turkaulia P.S. Case No.449 of 2016 registered under Sections 341, 323, 379, 504 and 509 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch Practice Act. It is submitted by the learned counsel for the petitioner that co-accused Most. Manju Devi has already been granted prearrest bail vide order dated 06.02.2017 passed in Cr. Misc. No.5447 of 2017 and co-accused Bholi Sharma and Nand Kumar have been granted pre-arrest bail vide order dated 20.03.2017 passed in Cr. Misc. No.11692 of 2017. It is further submitted that
Patna High Court Cr.Misc. No.18369 of 2018 (2) dt.06-04-2018 2/2 the case of the petitioner stands of identical footing to that of other co-accused who have been granted pre-arrest bail by this Court. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. However, he admits that the case of the petitioner stands of identical footing to that of other co-accused who have been granted pre-arrest bail. Considering the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkaulia P.S. Case No.449 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T