Patna High CourtCR. MISC./29902/2014disposed

Sheodhari Thakur @ Shivdhari Thakur v. The State Of Bihar

2015-01-16Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.29902 of 2014 (2) dt.16-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29902 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -SC/ST District- KHAGARIA ======================================================

1. Sheodhari Thakur @ Shivdhari Thakur Son of Late Ramotar Thakur R/o Village Alouli, P.S. Alouli, District Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Ramshankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Khagaria SC/ST P.S. Case No. 12 of 2014 registered for the offences punishable under Sections 504, 384 of the Indian Penal Code and Sections 3 (i ) (x) of the SC/ST (Prevention of Atrocities) Act.

Allegedly, the petitioner being the Mukhiya on demand by the informant did not give the amount of work assigned to him and thereafter, when demand was made, the petitioner became angry and abused in filthy language and also by using his caste name.

Submission is that the payment has already been

Patna High Court Cr.Misc. No.29902 of 2014 (2) dt.16-01-2015 made though cheque. The informant knows that Mukhiya is not the custodian of the amount and he cannot pay the amount but in spite of that with wrong allegation the case has been lodged. The occurrence has not taken place within public view rather at the door of the petitioner, and as such, offence under the provisions of SC/ST Act is not attracted to which the learned APP opposes. From plain reading of the FIR it appears that it is a fit case of regular bail, as such the petitioner above named is directed to surrender before the court below and seek regular bail and in that event the petitioner shall be enlarged on bail on execution of bail bond to the satisfaction of the court concern itself on the same day without being prejudiced by the present order. Accordingly, this application is disposed of with the aforesaid directions.

(Jitendra Mohan Sharma, J) avin/- U T