Patna High CourtCR. MISC./12155/2016bail granted

Raja Ram Yadav And ORS. v. The State Of Bihar

2016-03-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12155 of 2016 Arising Out of PS.Case No. -15 Year- 2014 Thana -SC/ST PS District- SUPAUL ======================================================

1. Raja Ram Yadav, son of Umit Lal Yadav

2. Hare Ram Yadav, son of Umit Lal Yadav

3. Umit Lal Yadav, son of late Bhaiya Lal Yadav,r/o. vill. Bairo, P.S. and Dist. Supaul.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 364, 504, 506, 323, 354 of the Indian Penal Code and under Sections 3(i) (x) (xi) of the SC/ST Act registered in connection with Supaul SC/ST P.S. Case No. 15 of 2014.

3. It is submitted that the petitioners have been falsely implicated as evident from the statement of the socalled victim itself in his deposition whereby he has denied his having been kidnapped as he has fled away out of fear. The complaint has been filed belatedly for no apparent reason. A perusal of the complaint itself does not disclose

Patna High Court Cr.Misc. No.12155 of 2016 (2) dt.16-03-2016 that the offence under the SC/ST Act is made out, the occurrence not having taken place in public view.

4. Having regard to the entirety of the facts and circumstances, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Jitendra Kumar, learned Judicial Magistrate Ist Class, Supaul, in connection with Supaul SC/ST P.S. Case No. 15 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Chandran U T