Paramatma Dubey And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.29905 of 2014 (3) dt.19-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29905 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Paramatma Dubey, Son of Ram Sudhar Dubey

2. Ashok Dubey , Son of Ram Sudhar Dubey

3. Amrit Lal Dubey, Son of Ram Sudhar Dubey All are residents of Village-Seha, P.S. Chand, District Kaimur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Adv. For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 The petitioner nos. 1 and 3 have been arrested and as such, their prayer for pre-arrest bail has been dismissed as withdrawn.

Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner no.2, apprehending his arrest in connection with Chand P.S. Case No. 25 of 2014 registered for the offences punishable under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and 3(i) (x) (xi) S.C. & S.T. Act, seeks the privilege of pre-arrest bail.

On behalf of the petitioner no. 2, it is submitted that against the petitioner no. 2 there is no specific allegation. No

Patna High Court Cr.Misc. No.29905 of 2014 (3) dt.19-01-2015 injury has been caused to the informant or his wife. There is no allegation that in public view the informant was humiliated and as such, the petitioner no. 2 deserves sympathetic consideration, to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, finding it as a fit case for regular bail, the petitioner no. 2 Ashok Dubey, is directed to surrender in the court below within two months from the date of receipt/production of the copy of this order and seek regular bail and in that case the bail of the petitioner shall be considered on its own merit on the same day without being prejudiced of this order.

Accordingly, this application is disposed of. (Jitendra Mohan Sharma, J.) Vats/- U T