Dhanmanti Devi & Ors. vs The State Of Bihar on 6 July, 2011

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.21329 of 2011
            1. Dhanmanti Devi, W/o Baidyanath Prasad,
            2. Baidyanath Prasad, S/o late Haruni Bhagat,
               Both R/o village-Kashi Pakari, P.S.-Rajepur, District-East
               Champaran.
            3. Rup lal Prasad, S/o Kodai Bhagat,
            4. Inardeo Prasad, S/o Kodai Bhagat,
            5. Maul Prasad @ Shail Prasad, S/o Inardeo Prasad.
               All residents of village-Baburban, P.S.-Rajepur, District-East
               Champaran.                            ................Petitioners.

                                   Versus
             The State of Bihar                     ..........Opposite Party.
                                  -----------

2/- 06.07.2011 Heard learned counsel for the petitioner and

learned counsel appearing for the State.

Apprehending their arrest in connection with

Rajepur P.S. Case No. 141 of 2010 registered for the offence

under sections 341, 323, 324, 379 & 34 of the Indian Penal

Code as also under section 3/4 of the Prevention of Witch

(Daain) Practices Act, 1999, the petitioners have prayed for

bail.

Learned counsel for petitioners submits that

though the date of occurrence is 20.9.2010 and the

fardbeyan was recorded on 21.9.2010, the F.I.R. was

registered on 12.11.2010. He further submits that non-

bailable offence is under Section 324 and 379 of the IPC

and ¾ of the Prevention of Witch (Daain) Practices Act.

Learned counsel for petitioners also submits that

there is land dispute between agnates and owing to that the

present false case has been instituted. He has annexed the
2

injury reports to suggest that the injuries are all superficial

and simple in nature.

Learned counsel for the State opposes the

prayer for bail on the ground mentioned in the F.I.R. and

impugned order.

Taking into consideration the aforesaid

submissions, let petitioners namely Dhanmanti Devi,

Baidyanath Prasad, Rup lal Prasad, Inardeo Prasad & Maul

Prasad @ Shail Prasad, in the event of their arrest at the

hands of police or surrender before the Court below, be

released on bail in connection with Rajepur P.S. Case No.

141 of 2010 on furnishing bail bonds of Rs. 5,000/- (Five

thousand) with two sureties of the like amount each to the

satisfaction of the Chief Judicial Magistrate, East

Champaran.

Sanjeet/-                                 (Ashwani Kumar Singh, J.)