Patna High CourtCR. MISC./9359/2018bail granted

Tikuliya Devi And ORS v. The State Of Bihar

2018-04-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9359 of 2018 Arising Out of PS.Case No. -379 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Tikuliya Devi w/o Mukhlal Paswan Resident of Village-Salempur, P.S. Barachatti, District- Gaya.

2. Kesho Paswan Son of Banslochan Paswan

3. Jagdish Paswan Son of Kesho Paswan Both Resident of VillageSalempur, P.S. Barachatti, Distt. Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offences punishable under Sections 447/323/328/302/504/34 of the Indian Penal Code and Section 3/4 of the Witch Craft Act. Allegation is general and omnibus against the petitioners and others to have poisoned the husband of the informant to death alleging that the husband of the informant indulged in witch craft. The petitioners are in custody since 17.10.2017 and 17.11.2017 respectively. Investigation of the case is already complete. However, cause of death is to be established after receipt of the viscera report.

Patna High Court Cr.Misc. No.9359 of 2018 (4) dt.24-04-2018 P2/ Considering the general and omnibus nature of allegation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barachatti P.S. Case No.379 of 2017, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T