Kalebar Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35858 of 2018 Arising Out of PS.Case No. -59 Year- 2016 Thana -SAMASTIPUR District- SAMASTIPUR ======================================================
1. Kalebar Ram son of Bhutan Ram @ Butan Ram
2. Manoj Ram son of Kalebar Ram
3. Mukesh Ram son of Kalebar Ram All the petitioners are resident of village Jaijpatti, P.S.- Dalsingsarai District Samastipur at present resident of Mohalla Barapathar, Ward No. 15, P.S. -Town, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar, Advocate For the Opposite Party/s : Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Samastipur Town P.S. Case No.59 of 2016 registered under Sections 341, 323, 307, 379, 504 and 506 read with 34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that the ingredients of the offence punishable under Section 307 of the Indian Penal Code are not attracted even on admitted allegation of the case. The further contention is that the FIR has been instituted in view of the fact that the petitioner no.1 Kalebar
Patna High Court Cr.Misc. No.35858 of 2018 (2) dt.02-07-2018 2/2 Ram had filed Samastipur S.C./S.T. Case No.61 of 2015 inter alia under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the family members of the informant and because of that the instant case has been instituted. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.
Considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No.59 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T