Sanjay Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76932 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- DIGHALBANK District- Kishanganj ====================================================== 1.

SANJAY SOREN, aged about 33 years, Male, Son of Meghraj Soren, Resident of Village- Jay Nagar, Police Station- Dighalbank, DistrictKishanganj 2.

Hopna Hembram @ Hupana Hembram, aged about 49 years, Male, Son of Mohan Hembram, Resident of Village- Jay Nagar, Police StationDighalbank, District- Kishanganj ... Petitioners

Versus

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

For the Petitioners :

Mr. Vijay Kumar, Adv.

For the Opposite Party :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek bail in connection with Dighalbank P.S. Case No. 67 of 2019, registered under Sections 302, 201 and 34 of the Indian Penal Code.

The accusation is that before two years Urmila soren, sister of Chhunra Soren, was ill. Chhunra Soren and villagers had made allegations against the mother of the informant, Somai Murmu playing the witch craft, then, Chhunra Soren and 18 others villager, including the petitioners, arranged Panchayati and had given threatening to not play the witch craft otherwise her son will be killed. Thereafter, the informant went to Chennai for livelihood and after some time he received

Patna High Court CR. MISC. No.76932 of 2019(2) dt.18-12-2019 2/2 information on 20.08.2019 from the mobile of Chhunari soren about missing of his mother, then, came in village and made query, but, no trace was found. Informant raised suspicion against the aforesaid persons, namely, the petitioners, having hand in kidnapping and committing murder of his mother. Submission is that it would appear from the first information report that the petitioners and others having been implicated in this case mere on suspicion due to attending of the Panchayat, earlier arranged, regarding playing of witch craft by the mother of the informant. The petitioners have no criminal antecedent and are in custody since 04.10.2019.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Dighalbank P.S. Case No. 67 of 2019 to the satisfaction of the Subdivisional Judicial Magistrate, Kishanganj.