Sunil Purvey @ Batohi Purvey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2872 of 2016 Arising Out of PS.Case No. -43 Year- 2014 Thana -DEODHA District- MADHUBANI ======================================================

1. Sunil Purvey @ Batohi Purvey, S/o Late Biku Purvey

2. Mohan Purvey S/o Rajdeo Purvey Both R/o Village + P.S.- Deodha, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,448,504 and 506/34 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that on 17.8.2014 at about 1 P.M. the she-goat entered into the orchard of petitioner Sunil Purvey when he threw the she-goat on the ground. On protest being made aforesaid Sunil Purvey assaulted the informant with fists and slaps, humiliated and

Patna High Court Cr.Misc. No.2872 of 2016 (2) dt.19-01-2016 2/3 abused by calling caste name and threatened to kill by causing burn injury. On alarm being raised, Ram Briksh Paswan came to rescue when he was also assaulted and abused. Petitioner no. 1 snatched silver jewellery and subsequently threatened Ram Briksh paswan.

It is submitted by the learned counsel for the petitioners that the petitioners side lodged Deodha P.S. Case No. 42 of 2014 at earlier point of time against the informant. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. It is further submitted that for the occurrence of 17.8.2014 at 1 P.M. the FIR was registered on the same day at 9.30 P.M.

Considering the case lodged by petitioners side at earlier point of time and genesis of occurrence, 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) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Madhubani in connection with Deodha P.S. Case No. 43 of 2014 subject to the conditions

Patna High Court Cr.Misc. No.2872 of 2016 (2) dt.19-01-2016 3/3 as laid down under Section 438(2) Cr.P.C.

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