Babua Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7399 of 2016 Arising Out of PS.Case No. -79 Year- 2015 Thana -SIKARHATA District- BHOJPUR ======================================================

1. Babua Singh son of Ramashish Singh

2. Tinku Singh @ Tinku Kumar @ Rinku Singh son of Ramashish Singh Both residents of Village - Beldihari, Police Station - Sikrahata, District - Bhojpur at Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sadanand Paswan (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 341, 323, 504, 506, 354(B)/34 of the Indian Penal Code and under section 3(1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that on 01.12.2015 the accused persons abused and assaulted the informant and when daughter of informant, Gayatri Devi, came to rescue then she was also abused and assaulted by the accused persons. The accused persons tore her clothes also. Subsequently, on 02.12.2015 the accused persons arrived at the house of informant and threatened not to go to police

Patna High Court Cr.Misc. No.7399 of 2016 (2) dt.19-02-2016 2/2 station and assaulted him.

It is submitted by the learned counsel for the petitioners that there is counter version of the occurrence also and the accusation has been levelled in the background of dispute with regard to grazing of field of petitioners' side by the she goat of the informant and the informant has retracted from his earlier version and filed a petition to that effect before the court below. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Ara, Bhojpur in connection with Sikrahata P.S. Case No. 79 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T