Krishna Kant Mishra And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16799 of 2015 Arising Out of PS. Case No. -46 Year- 2014 Thana -SC/ST District- MADHUBANI ======================================================

1. Krishna Kant Mishra, son of Late Sharda Kant Mishra.

2. Moti Devi, wife of Krishna Kant Sharma.

Both resident of Ward No.3, Jhanjharpur, P.S.- Jhanjharpur, DistrictMadhubani. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl. P.P.) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-04-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case for the offence under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3 (1) (v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

The petitioner no.2 is wife of petitioner no.1. Learned counsel for the petitioners submits that no case under Section 3 (1) (v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act is made out. He further submits that the case has been instituted at the behest of the witnesses of the instant case against whom petitioner no.1 has earlier filed Jhanjharpur P.S. case no. 126 of 2014 under Sections

Patna High Court Cr.Misc. No.16799 of 2015 (2) dt.13-04-2015 2 / 2 341, 323, 354, 379, 504 and 506/34 of the Indian Penal Code. In the circumstances, if the petitioners surrender before the court below (Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani) within four weeks from today in connection with Madhubani SC/ST P.S. Case no. 46 of 2014, the learned Magistrate will release them on bail on its own satisfaction. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U