Manish Kumar @ Manish Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87023 of 2019 Arising Out of PS. Case No.-608 Year-2018 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== 1.

Manish Kumar @ Manish Kumar Jaiswal Son of Sitaram Chaudhary Resident of Village - Haribola, P.S.- Kumarkhand, O.P. Bhatni, Distt - Madhepura.

2.

Sitaram Chaudhary Son of Late Bairav Chaudhary Resident of Village - Haribola, P.S.- Kumarkhand, O.P. Bhatni, Distt - Madhepura. 3.

Sudha Jaiswal Wife of Sitaram Chaudhary Resident of Village - Haribola, P.S.- Kumarkhand, O.P. Bhatni, Distt - Madhepura. 4.

Saroj Kumari D/o Sitaram Chaudhary Resident of Village - Haribola, P.S.- Kumarkhand, O.P. Bhatni, Distt - Madhepura.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Most. Kalpana Devi Wife of Late Sushil Yadav Resident of Haribola, P.SKumarkhand, District-Madhepura. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Complaint Case No.608 of 2018 registered for the offences punishable under Sections 323, 354(A), 504 of the I.P.C. and Section 3⁄4 of the Witch (Daain) Practices Act.

3. The accusation against the petitioners is that they having entered into the house of the complainant not only

Patna High Court CR. MISC. No.87023 of 2019(2) dt.20-02-2020 2/2 assaulted her, but also called her Witch.

4. Submission on behalf of the petitioners is that the complainant has brought this false case on account of land dispute.

5. Learned counsel for the petitioners further submits that Annexure-2 goes to show that prior to institution of the present case, land dispute was going on in between the parties.

6. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on 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 Chief Judicial Magistrate, Madhepura in connection with Complaint Case No.608 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash U T