This ordered bail for three petitioners in a witchcraft-related criminal case after the informant turned hostile. The court directed their release upon furnishing bonds of Rs. 10,000 each with two sureties of equal amount.
Petitioners directed to be released on bail by furnishing bonds of Rs. 10,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9406 of 2014
With
B.A No. 9758 of 2014
Rijina Indwar @ Rojlia Indwar ...… Petitioner (B.A No.9406/14) 1. Chintamuni Devi 2. Gabrela Indwar ....... Petitioners (B.A No.9758/14) Versus The State of Jharkhand ...… Opposite Party (In both cases) --------
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioners : Mr. Mohit Prakash, Advocate Mr.A.K.Chaturvedy, Advocate. For the State : A.P.P. -----
4/16.1.2015 Both these applications arise out of the same case and as such, these are being disposed of by this common order.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners have been made accused in connection with Sisai (Bharno) Case No.81 of 2013 corresponding to G.R No.554 of 2013, S.T No.282 of 2013 for the offence under Sections 147, 148, 149, 302, 120-B of the Indian Penal Code and Sections 3/4 of the Witchcraft Act.
There is allegation against 19 named accused persons, including the petitioners, to have assaulted two ladies to death at the spot, alleging that they were practicing witchcraft.
Earlier, the bail applications of these petitioners were rejected on merits by order dated 30.9.2013 passed in B.A No.8297 of 2013 & by order dated 12.11.2013 passed in B.A No.8239 of 2013.
Learned counsel for the petitioners has renewed the prayer for bail, submitting that the informant has been examined in this case who has turned hostile. The deposition of the informant has been brought on record.
In the facts and circumstances of the case, I am inclined to enlarge the petitioners, Rijina Indwar @ Rojlia Indwar, Chintamuni Devi & Gabrela Indwar on bail. Accordingly, the petitioners, named above, are directed to 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 Sub-Divisional Judicial Magistrate, Gumla, in connection with Sisai (Bharno) Case No.81 of 2013 corresponding to G.R No.554 of 2013 / to the satisfaction of learned Additional Sessions Judge-I, Gumla in connection with S.T No.282 of 2013.
( H. C. Mishra, J.)
BS/
2 issues framed by the court
Whether the petitioners accused of witchcraft-related offences should be released on bail given the hostility of the informant.
The quantum of bail bond and surety requirements for the released petitioners.
Rijina Indwar @ Rojlia Indwar
Chintamuni Devi
Gabrela Indwar
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
