Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.360 of 2016 Arising Out of PS.Case No. -255 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Awadhesh Singh S/o Late Sitaram Singh of Vill. - Deopur Parsa, P.S. - Kalyanpur, Dist. - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sadanand Paswan (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with Kalyanpur P.S.Case No.360 of 2016 registered for the offences under Sections 436/34 of the I.P.C. and Sections 3(i)(x), 3(2)(x) of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act.

Learned counsel for the petitioner submits that the offence under the provisions of S.C. & S.T. Prevention of Atrocities Act is not made out as the informant does not belong to the Scheduled Caste. Moreover, there is no independent witness and neither such occurrence has taken place in a public view. Considering the nature of allegation against the

Patna High Court Cr.Misc. No.360 of 2016 (4) dt.18-04-2016 2/2 petitioner and also that the petitioner has no criminal antecedent save and except another case lodged by the brother of the informant under similar provisions and that the allegations are vague and indistinct, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M., IXth,Motihari, East Champaran, in Kalyanpur P.S.Case No.255 of corresponding to G.R.No.4750 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J.) AnilKrSinha/- U T