Patna High CourtCR. MISC./33113/2018bail granted

Dhanik Lal Yadav And ORS v. The State Of Bihar

2018-07-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33113 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -LADANIA District- MADHUBANI ====================================

1. Dhanik Lal Yadav Son of Late Ram Dutt Yadav,

2. Bindeshwer Yadav Son of Dhanik Lal Yadav

3. Kusheshwer Yadav, Son of Dhanik Lal Yadav

4. Sam Patiya Devi wife of Dhanik Lal Yadav, All Resident of Village- Tennali, P.S. Ladaniya, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Arun Kumar ==================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2018 The petitioners seek bail in anticipation of their arrest in connection with Ladaniya P.S. Case No. 90 of 2017 dated 28.05.2017 instituted for the offences under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practice Act, 1999. Though the petitioners are alleged to have assaulted the informant and his mother and also divested them of their belongings on the ground that they practiced witchcraft, learned counsel for the petitioners has submitted that the genesis of the dispute is elsewhere.

The reason assigned in the F.I.R is that the petitioners had dug a ditch near the wall of the informant and the

Patna High Court Cr.Misc. No.33113 of 2018 (3) dt.02-07-2018 2/2 informant had the apprehension that because of such ditch having been dug up, his wall would fall down. Earlier, the matter was reported to the local authority but to no avail. Considering the aforesaid facts and the nature of accusation against the petitioners, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today are directed to be released on bail on their 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 Magistrate, IV, Madhubani in connection with Ladaniya P.S. Case No. 90 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Ashutosh Kumar, J) Shageer/- U T