IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31997 of 2010 ASLAM MIAN & ANR Versus STATE OF BIHAR ----------- 02 28.10.2010 Heard learned counsel appearing for the petitioners Aslam Mian @ Md. Aslam and Munni Khatoon who are apprehending their arrest in connection with Nautan P.S. Case No. 49 of 2010 registered under Section 307 and other minor Sections of the I.P.C as well as 3/4 of the Dyne Act, and also heard learned P.P. for the State. It appears from the F.I.R. that petitioners went at the house of informant and levelling allegation of witch craft against her not only assaulted but also committed theft of her belongings. It is apparent from the F.I.R. itself that it is petitioner no. 1 who levelled the allegation of witch craft and so far as petitioner no. 2 is concerned, it is simply stated that she snatched the silver chain from the informant. In view of the aforesaid circumstances, in the event of her arrest or surrender within thirty days from the date of communication of this order petitioner No. 2, namely, Munni Khatoon is ordered to be released on bail in connection with Nautan P.S. Case No. 49 of 2010 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran subject to condition as laid down under Section 438(2) of the Cr.P.C. 2 So far as petitioner no. 1 Aslam Mian @ Md. Aslam is concerned. Admittedly, there is allegation of giving dagger blow and calling the informant as witch craft, I do not feel to give privilege of anticipatory bail to him. Accordingly his prayer for anticipatory bail stands rejected. Petitioner no.1 is directed to surrender before the learned court below and seek regular bail within thirty days from the date of communication of this order to the concerned court and if he does so, the learned court below shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this order, particularly, keeping in mind the nature of injury sustained by the informant and the punishment prescribed for commission of offence under the provisions of Dyne Act. Shahid/Shahzad ( Hemant Kumar Srivastava, J.)