Patna High CourtCR. MISC./12304/2015bail granted

Rakesh Kumar @ Rakesh Kumar Singh And ANR. v. The State Of Bihar

2015-07-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12304 of 2015 Arising Out of PS.Case No. -137 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Rakesh Kumar @ Rakesh Kumar Singh

2. Patel Kumar @ Sumer Kumar Singh @ Patel Singh Both are sons of Baburam Singh, Resident of Village-Fatehpur, P.S.- Mirganj, District-Gopalganj.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Hansraj, Adv. For the Opposite Party/s : Mr. Ram Shankar Das, Spl. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 341, 147, 323, 427, 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.

I find substance in the submission made on behalf of the petitioners that no offence, prima facie, is made out under Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 as the occurrence is not said to have taken place in public view.

Patna High Court Cr.Misc. No.12304 of 2015 (3) dt.23-07-2015 2/2 In view of the nature of allegation, let the petitioners above named, in the event of their arrest or surrender before the court below within four weeks from today, 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, Gopalganj in connection with Mirganj P.S. Case No. 137 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J.) Vats/- U T