Birendra Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.7422 of 2015 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7422 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -MANJHI District- SARAN ======================================================

1. Birendra Yadav,

2. Jay Prakash Yadav (Mandal) &

3. Lallu Yadav (Panku Yadav) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioners apprehend their arrest in Manjhi P.S.Case No.139 of 2014, registered for the offences punishable under Sections 323 and other Sections of the Indian Penal Code and Section 3(i) (x) SC/ST Act.

The gist of the allegation is that when the informant was going on to sow paddy plants, the petitioners are alleged to have assaulted her with lathi and rod and abused by taking the name of her caste.

It is submitted that the allegations are false and concocted on account of doing work in the field of the petitioners and some altercation took place. The occurrence did not take place in the public view and no offence under Section 3(i)(x) of the

Patna High Court Cr.Misc. No.7422 of 2015 (2) dt.23-02-2015 SC/ST Act is made out.

Considering the allegation made against the petitioners and the fact that some altercation took place for doing works in the field of the petitioners, petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 CJM, Saran at Chapra in Manjhi P.S.Case No.139 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J) B.Kr./- U T