Patna High Court - Orders
Jitendra Bhuiyan & Ors vs The State Of Bihar on 26 July, 2013
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22021 of 2013
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1. Jitendra Bhuiyan Son Of Late Ramji Manjhi
2. Muni Devi Wife Of Ram ji Manjhi
3. Tuni Bhuiyan @ Tuni Kumar Bhuiyan Son Of Late Bigan Bhuiyan
4. Arjun Kumar @ Arjun Bhuiyan Son Of Late Bigan Bhuiyan
5. Kalo Devi Wife Of Late Bigan Bhuiyan, Son Of Late Bigan Bhuiyan
All are Resident Of Village- Bhujaul, P.S.- Sherghati, District- Gaya
(Bihar)
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
2 26-07-2013Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend arrest in connection with Sherghati P.S. Case No. 181 of 2012 registered for offence punishable under Sections 147/148/149/452/341/323/324/307/504 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch Practices Act, 1999.
The allegation against the petitioners is of omnibus and general assault and with regard to petitioner no. 1 the allegation is of assault by 'garasa'.
Patna High Court Cr.Misc. No.22021 of 2013 (2) dt.26-07-20132/3
Learned counsel for the petitioners submits that though the allegation is that the mother of the informant was branded a witch by the petitioners which led to assault but the same is general and omnibus in nature and only with regard to petitioner no. 1 it is submitted that he inflicted 'garasa' blow on the head of the mother of the informant which resulted in injury for which she was initially referred to Hospital at Sherghati and from there sent to Gaya Medical Hospital. Learned counsel submits that the dispute is with regard to land given under the 'basgit parcha' to both the parties and they have been implicated in the false case since frequently there is dispute between the parties which also results in minor scuffles. It is further submitted that the petitioners have no criminal antecedent.
Learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners no. 2 to 5 be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M, Sherghati, Gaya in Sherghati P.S. Case No. 181 of 2012, subject to the conditions laid down in Section 438 (2) of the Patna High Court Cr.Misc. No.22021 of 2013 (2) dt.26-07-2013 3/3 Code of Criminal Procedure, 1973.
The prayer for anticipatory bail of petitioner no. 1 stands rejected.
(Ahsanuddin Amanullah, J.) Anjani/-