Patna High CourtCR. MISC./26866/2015disposed

Majetar Singh And ORS. v. The State Of Bihar

2015-07-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26866 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -ARA HARIJAN District- BHOJPUR ======================================================

1. Majetar Singh, Son of Late Jirakhan Singh.

2. Ghurahu Singh.

3. Jitan Singh.

4. Dhanbabu Singh.

5. Sadhu Singh. Sl. No. 2 to 5 are Sons of- Majetar Singh. All resident of Village- Diliya, P.S.-Chaori, District- Bhojpur (Arrah). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsels for the petitioners and the State. The petitioners apprehend arrest in a case registered under sections 341, 323, 504 and 354/34 of the Indian Penal Code and section 3(i)(x)(xi) of SC/ST P.O.A. Act.

The prosecution case is that when informant made protest for erecting hut in the land of the informant then she was assaulted and abused by calling caste name. It is further alleged that the petitioners also assaulted the son and daughter-in-law of the informant.

It is submitted by the learned counsel for the petitioners that the informant and her son took loan of Rs.20,000/-

Patna High Court Cr.Misc. No.26866 of 2015 (2) dt.21-07-2015 2/2 two years prior to the occurrence from petitioner no.5 Sadhu Singh. On demand being made for return of the loan amount, the informant and his family members abused him and threatened to lodge false case. The petitioner No.5 also filed a complaint case no. 795 of 2015 against the informant and others for the occurrence of 24-4-2015. Moreover, the land in question is ancestral land of the petitioners side.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with SC/ST Case No. 23/2015 pending in the court of learned Chief Judicial Magistrate, Bhojpur, Arrah.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) B.Roy/- U T