Harendra Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22558 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Harendra Singh

2. Sanjay Singh Both are Son of Nageshwar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341/323/324/504/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case is that when the informant was grazing her goat in the orchard of the accused persons, the accused caught hold the informant, abused by calling caste name and assaulted, when one Sajjan Paswan came to rescue then petitioner no.1 tried to assault him with 'sickle'. It is submitted by learned counsel for the petitioners that accusation has been levelled since the petitioners made

Patna High Court Cr.Misc. No.22558 of 2015 (2) dt.22-05-2015 2/2 protest for plucking litchi from the orchard of the petitioners and in fact no injury is caused to the informant's side. There is counter versions occurrence.

It is submitted by learned Special PP for the State that the occurrence took place in public view.

Considering the rival submissions of the parties, this Court is not inclined to grant anticipatory bail to the petitioners. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Bhagwanpur P.S. Case No. 105 of 2014, pending before the learned Chief Judicial Magistrate, Vaishali at Hajipur.

With the above observation, this application is, accordingly, disposed off.

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