Girija Nand Tiwary And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24234 of 2015 Arising out of PS.Case No. -1 Year- 2015 Thana -SC SC PS District- VAISHALI(HAJIPUR) ======================================================

1. Girija Nand Tiwary.

2. Chandradeo Tiwary. Both sons of Late Ram Ratan Tiwary.

3. Jagdish Tiwary, Son of Girija Tiwary, All residents of GramBhagwanpur Pakri P.S. Lalganj District-Vaishali .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shashi Shekhar Sharma, Advocate. For the Opposite Party : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 The petitioners are apprehending their arrest in connection with Hajipur SC/ST P.S. Case No. 01 of 2015 for the offences instituted under Sections 341, 323, 354(B), 504/34 of the I.P.C. and 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act. Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that on 29.12.2014 at about 4.00 P.M., the accused Suraj Nath Tiwary, Girija Nand Tiwary and Chandradeo Tiwary have abused the informant and her son with filthy language has uttering caste name and committed assault on the account of purchasing a piece of land in the year 2013 from the Gotia of the accused persons. It is further

Patna High Court Cr.Misc. No.24234 of 2015 (2) dt.13-07-2015 2/2 submitted that the accused also tried to untie the informant. It has been submitted on behalf of the petitioners that there is land dispute between the parties and in respect of which Title Suit No. 1166 of 2013 is pending between the parties. No specific allegation has been made against the petitioners. Further it is submitted that offence has not taken place in the public view. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Hajipur SC/ST P.S. Case No. 01 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T