IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11617 of 2010 RAJABATI DEVI @ RANJAWA Versus THE STATE OF BIHAR ----------- 2 29.4.2010 Heard the parties. In a criminal prosecution for offences under sections 341, 323, 448, 328 & 379/34 of the Indian Penal Code as also under section 3 of The Prevention of Witch (Daain) Practices Act. the petitioner along with others is alleged to have dragged the informant to the Darwaja of Ramadhar Singh, where Ram Sakhi Devi sat over her chest and thereafter night soil was administered to the informant on allegation that she is a witch (daain). It is submitted on behalf of the petitioner that she is not named in the FIR and a lady co-accused has been granted anticipatory bail by this Court by order dated 01.12.2008 passed in Cr. Misc. No. 40431 of 2008, which has been brought on record as annexure-4. On perusal of the aforesaid order dated 01.12.2008 (annexure-4) it appears that petitioner of that case was granted anticipatory bail mainly on the plea of alibi, therefore, case of the petitioner is quite distinguishable from the case of co-accused Lal Mani Devi. Further more the prayer for anticipatory bail of the petitioner was rejected by the learned Sessions Judge Sitamarhi as far back as on 28.8.2008 and thereafter she remained absconding.. Taking into consideration the aforesaid facts, the prayer for anticipatory bail made on behalf of the petitioner is rejected. She must surrender in the court below in connection with Sheohar P.S. Case No. 67 of 2008 within a period of four weeks from today and, if so advised seek - 2 - regular bail. If such a petition is filed in the court below, then the same may be disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J. ) M.Rahman