Patna High CourtCR. MISC./5428/2016bail granted

Lankesh Kunwar @ Lankesh Kumar @ Lankesh Kumar Madhukar And ORS. v. The State Of Bihar

2016-03-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5428 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -SC/ST District- KHAGARIA ======================================================

1. Lankesh Kunwar @ Lankesh Kumar @ Lankesh Kumar Madhukar

2. Anbhik Kunwar @ Ambhik Kumar

3. Kaushal Kunwar @ Kaushal Kumar All Sons of Shri Chandrashekhar Kunwar

4. Chandrashekhar Kunwar Son of Late Triveni Kunwar All resident of village - Dhusmuri Bishanpur, P.S. Muffasil, District - Khagaria .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Satyavrat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Khagaria SC/ST P.S. Case No. 52/2015, disclosing offences under sections 341, 323, 504, 506/34 of the Indian penal Code and 3(1)(x) of SC/ST Act.

Learned counsel for the petitioners submits that no offence under section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out on the basis of the allegation as contained in the First Information Report. From perusal of the First Information Report, it appears

Patna High Court Cr.Misc. No.5428 of 2016 (2) dt.09-03-2016 that the case has been instituted because of petty dispute between the petitioners and the informant.

Considering the facts and circumstances, this application is allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ASJ 1st, Khagaria in Khagaria SC/ST P.S.Case No. 52/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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 appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U