Sunil Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60749 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -PASRAHA District- KHAGARIA ======================================================

1. Sunil Singh,

2. Mithilesh Singh @ Mithilesh Kumar Singh, Both are S/o Yadunandan Singh,

3. Yadunandan Singh, S/o Mohan Singh, All are resident of Village- Kharaua, P.S.- Pastraha, District- Khagaria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Pasraha P.S. Case No. 84 of 2016 registered under Sections 448, 341, 342, 504 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, 1999.

It is submitted by the learned counsel for the petitioners that non-bailable sections for which FIR has been

Patna High Court Cr.Misc. No.60749 of 2017 (2) dt.21-12-2017 instituted are sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, 1999. He submitted that the parties are next door neighbor and out of a petty dispute, some quarrel took place for which the FIR was instituted. However, subsequently, at the intervention of friends and well wishers, the parties have settled their dispute and a joint compromise petition has been filed in the court below.

Considering the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Pasraha P.S. Case No. 84 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T