Patna High CourtCR. MISC./22113/2015bail granted

Shankar Sah v. The State Of Bihar

2015-07-07Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.22113 of 2015 (2) dt.07-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22113 of 2015 Arising Out of PS.Case No. -135 Year- 2014 Thana -RAHIKA District- MADHUBANI ======================================================

1. Shankar Sah Son of Late Laxman Sah resident of village- Rahika, P.S.- Rahika, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Rahika P. S. case no. 135/2014 registered under sections 427, 504 of the Indian Penal Code and section 3 (X) 2 (iii) of the SC/ST (Prevention of Atrocities )Act..

The contention on behalf of the petitioner is no case under section 3 (X) 2 (iii) of the SC/ST (Prevention of Atrocities) Act is made out and so far as rest sections are concerned, the same are bailable in nature. It is further contended on behalf of the petitioner that the informant is not wife of Ganaur Sadai and, as a matter of fact, she does not belong to scheduled tribe community. Moreover, even if the prosecution story assumed to be true, then also, no offence under the SC/ST Act is made out.

Taking note of the aforesaid facts and circumstances as well

Patna High Court Cr.Misc. No.22113 of 2015 (2) dt.07-07-2015 as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Ajay Kumar II, Judicial Magistrate, Ist Class, Madhubani/concerned court in Rahika P. S. case no. 135/2014 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T