Patna High Court - Orders
Pramendra Das vs The State Of Bihar on 17 August, 2016
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34757 of 2016
Arising Out of PS.Case No. -44 Year- 2016 Thana -GOH District- AURANGABAD
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1. Pramendra Das son of Gaya Das resident of village- Berka P.S. Goh
District Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mrs. Leelawati Kumari
For the Opposite Party/s : Mr. Shailendra Kumar -2
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 17-08-2016Heard learned counsels for the petitioner and the State.
The petitioner being brother of the husband of the informant is languishing in custody since 18.5.2016 in a case registered for the offences punishable under Sections 147,148,149,341,342,323,307,353,498A,504 and 506 of the Indian Penal Code and sections 3 and 4 of The Prevention of Witch (daain) Practices Act, 1999.
The prosecution case is that on 30.4.2016 the informant's mother in law namely Kaushlaya Devi called the informant's co-villager Chandramani Devi and 18 accused persons to the house of the informant and started assaulting her with fists and slaps. All the accused persons addressing the informant as witch alleging that she killed her husband by playing witch craft. Patna High Court Cr.Misc. No.34757 of 2016 (2) dt.17-08-2016 2/2
It is further alleged that on receiving information when the mother and brother of the informant came to rescue, the accused persons also assaulted them.
It is submitted by the learned counsel for the petitioner that the accusation of assault is omnibus and general against the mob including the petitioners. The injuries of the informant's mother and brother have been found to be simple in nature. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Goh P.S. Case No. 44 of 2016.
(Dinesh Kumar Singh, J) Anil/-
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