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Patna High CourtCR. MISC./18762/2015rejected

Sita Devi And ANR v. The State Of Bihar

2015-07-31Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18762 of 2015 Arising out of P. S. Case No. - 42 Year - 2015 Thana - MADHEPURA District - MADHEPURA ======================================================

1. Sita Devi, wife of Prabhu Sah @ Swarnkar

2. Ashok Kumar Soni @ Swarnkar, Son of Prabhu Sah, Both the resident of village - Azad Nagar, Ward No.- 7, Madhepura, Police Station and District - Madhepura .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Kumar, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Spl. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 31-07-2015 Heard learned counsel for the petitioners and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 341, 323, 326, 307, 379, 34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegation against the petitioners is that they caught hold of the son of the informant and started abusing calling his caste name, assaulted and threw acid (Tejaab) into his eyes as a result of which his eyes badly injured and he became unable to look.

Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioners in

Patna High Court Cr.Misc. No.18762 of 2015 (4) dt.31-07-2015 connection with Madhepura P.S. Case No. 42 of 2015 pending in the Court of learned Chief Judicial Magistrate, Madhepura. Accordingly, prayer for bail is rejected.

Kundan/- (Gopal Prasad, J.) U T