Jitendra Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62221 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================
1. Jitendra Kumar S/o Ram Udgar Mahto
2. Bhushan Mahto Son of Fuchan Mahto
3. Dipak Kumar S/o Babu Prasad Mahto
4. Chandan Kumar S/o Babu Prasad Mahto
5. Babu Prasad Mahto S/o Fuchan Mahto All resident of Village- Surauli, P.S. Bibhutipur, Distt. Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 354A, 379, 504 of the Indian Penal Code and 3⁄4 of Prevention of Witch (Dian) Act, 2001.
The prosecution case, in brief, is that the accused persons having armed with rod, came at house of the informant and started assaulting her saying that she is a Dayan. Allegedly, blouse of the informant was torn.
It has been submitted on behalf of the petitioners that the
Patna High Court Cr.Misc. No.62221 of 2018 (2) dt.11-10-2018 petitioners have got no criminal antecedent. The petitioners have been falsely implicated in the present case. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on 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-Ist, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 126 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T