Harendra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2533 of 2016 Arising Out of PS.Case No. -90 Year- 2015 Thana -SC/ST PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Harendra Rai
2. Devendra Rai
3. Rabindra Rai all are son's of Mahabir Rai resident of village- Basman Pur Kakahiya Tola, P.S.- Motihari Muffasil, District- East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl.A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of SC/ST Motihari P.S. Case No. 90 of 2015, disclosing offences under Sections 147, 148, 341, 323, 379, 354, 504 and 506 of the Indian Penal Code and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. Learned counsel for the petitioners submits that no offence under Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 is made out on the basis of the allegations contained in the First Information
Patna High Court Cr.Misc. No.2533 of 2016 (3) dt.01-02-2016 2/3 Report. He further submits that the case has been instituted by the informant in retaliation because of an earlier case instituted by coaccused and brother of the petitioners, Rajendra Rai vide Muffasil P.S. Case No. 157 of 2014 on 13.06.2014 for the offences punishable under Sections 364, 302, 201/120B of the Indian Penal Code in which the informant's son is the accused. He further submits that the allegation against the petitioners are general and omnibus in nature. It has been stated in paragraph 3 that the petitioners have no criminal antecedent.
In view of the submission as above, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with SC/ST Motihari P.S. Case No. 90 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to
Patna High Court Cr.Misc. No.2533 of 2016 (3) dt.01-02-2016 3/3 appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T