Sohwa Devi And Others vs State Of Jharkhand

Arun Kumar Rai, J

Heard the parties.

This bail application under Section 438 Cr.P.C. has been preferred by the petitioners apprehending their arrest in connection with Simariya P.S. Case No.139/2023, for the offences registered under Sections 147/ 149/ 342/ 325/ 504/ 506 IPC and Section 3/ 4/ 5 of Prevention of Witch Practices Act. The case is pending in the Court of learned Additional Chief Judicial Magistrate, Chatra.

Submission has been made by learned counsel for the petitioners that except Sections of The Prevention of Witch (DAAIN) Practices Act, 2001, Jharkhand, other Sections of IPC are bailable in nature. As far as allegation under the provisions of The Prevention of Witch (DAAIN) Practices Act, 2001, Jharkhand, is concerned, submission has been made that F.I.R. has been belatedly lodged which itself speaks about the genuineness of allegation leveled against the petitioners. Further, submission has been made that both the petitioners are female.

Per contra, learned A.P.P. for the State opposed the anticipatory bail application of the petitioners.

Perused the contents of F.I.R. and other material available on record.

I find some force in the submission advanced by learned counsel for the petitioners.

Considering the totality of aforesaid facts and circumstances, specially the fact that the petitioners are female, this Court finds it a fit case to release the petitioners on anticipatory bail.

Accordingly, the petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of a copy of this order and the learned court below on their surrender, shall release them on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty-five thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Simariya P.S. Case No.139/2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.