Single judge order granting anticipatory bail to three petitioners involved in Section 350, 307, 354(B) IPC and Witch Practices Act offences. Bail to be furnished within six weeks with conditions.
Release on bail within six weeks by furnishing bond of Rs. 25,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27822 of 2018
Arising Out of PS.Case No. -428 Year- 2017 Thana -MAJHAULIA District-
WESTCHAMPARAN(BETTIAH)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 11-05-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Majhauliya P.S.Case No. 428 of 2017, registered for offences punishable under Sections 350, 457, 323, 504, 147, 149, 354 (B), and 307/34 of the Indian Penal Code and 3/4 of Witch Practices Act.
Allegation against the petitioner No. 2 is thrashing the informant on the ground and there is allegation of assault against the petitioner No. 1.
Submission of the learned counsel for the petitioners
is that the police after investigation has not found any case under
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the prevention of Witch Practices Act, which falsify the allegation made in the FIR and injuries are simple in nature and the complaint was filed after two days delay of the occurrence.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts that considering the facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S.Case No. 428 of 2017, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.
With following conditions:-
i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. ii) The petitioners will not induce any witness or tamper with the evidence.
iii) The petitioners shall co-operate in the
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investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J)
Sudha/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioners in Majhauliya P.S.Case No. 428 of 2017.
1 provisions across 1 enactments
Lal Mohammad Mian @ Lal Mahammad @ Lal Mahamad
Sk. Noor Hoda @ Nurul Hoda
Ejaj Ahmad @ Sk. Ejaj
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
