Kamta Prasad Jaiswal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11121 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -BUXAR District- BUXAR ======================================================

1. Kamta Prasad Jaiswal S/o Late Siddhnath Prasad Jaiswal

2. Yogeshwar Prasad S/o Kamta Prasad Jaiswal Both resident of Civil Lines Buxar, Ward No. 19, P.S. Buxar Nagar, District- Buxar, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-04-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,504 and 354/34 of the Indian Penal Code sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that when the informant' mother went to take grains from the PDS shop of petitioner no. 1 then he demanded rupees fifty more than the prescribed rate and on protest being made, petitioner no. 2 abused her by calling the caste name and driven her out from the shop when the informant went to complain he was also assaulted with iron weight though the

Patna High Court Cr.Misc. No.11121 of 2015 (2) dt.24-04-2015 2/2 informant escaped.

It is submitted by the learned counsel for the petitioners that the informant has retracted from the initial version and has filed a petition to that effect before the learned court below. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Buxar (T) P.S. Case No. 78 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T