Betka Soren And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36935 of 2018 Arising Out of PS.C.ase No. -22 Year- 2017 Thana -CHAKAI District- JAMUI ======================================================
1. Betka Soren, Son of Manika Soren,
2. Ravan Soren, Son of Late Janki Soren,
3. Manilal Soren, Son of Betka Soren,
4. Dugu Soren, Son of Betka Soren,
5. Chhabbi Soren, Son of Betka Soren,
6. Binod Soren, Son of Betka Soren, All resident of Village- Vibhna, Police Station- Chakai, District- Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Chakai P.S. Case No. 22/2017, instituted for the offences punishable under Sections 302, 34 and 120(B) of the Indian Penal Code read with Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 1999. Learned counsel for the petitioners has submitted that mere suspicion has been raised against these petitioners. It is alleged in the written report that while the informant was going to attend the call of nature, he saw the petitioners coming from the river side, who changed their way after seeing the informant. When the informant proceeded ahead, he
Patna High Court Cr.Misc. No.36935 of 2018 (3) dt.26-07-2018 2/2 found the dead body of his father and mother poured with blood due to cut mark on their neck. In this manner, mere suspicion has been raised against these petitioners.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chakai P.S. Case No. 22/2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-3rd, Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J.)