Lallu Miyan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24867 of 2015 Arising Out of PS.Case No. -144 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Lallu Miyan Son of Late Basir Miyan

2. Kamrul Alam Son of Late Riyajul Miyan

3. Vakil Miyan Son of Late Suleman Miyan

4. Jhunnu Miyan @ Bhunnu Miyan Son of Late Baksis Alam

5. Zabed Miyan ( Lalu Miyan ) Son of Late Yunus Miyan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 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, 5047 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 petitioner no.l purchased two baby goats from the informant on credit but when the informant went to ask for the consideration amount he was assaulted and abused by calling caste name.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.24867 of 2015 (2) dt.08-07-2015 2/2 that for a petty dispute the accusation has been levelled and for kidnapping of the niece of the petitioner no.1 Bhagwanpur P.S. Case No. 123 of 2014 levelling accusation under sections 363/366A of the Indian Penal Code was registered against the brother of the informant on 10.06.2014 and, thereafter, the present case was registered. For the occurrence of 10.06.2014 and 17.06.2014, the FIR was registered on 25.06.2014. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the delayed lodging of the FIR and the petitioner having no criminal antecedent, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali (Hajipur) in connection with Bhagwanpur P.S. Case No.144 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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