Patna High CourtCR. MISC./34404/2014bail granted

Kailash Devi And ORS. v. The State Of Bihar

2015-02-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34404 of 2014 Arising Out of PS.Case No. -108 Year- 2013 Thana -MADHEPUR District- MADHUBANI ====================================================== Kailash Devi W/O Shiv Kumar Sah Shiv Kumar @ Shiv Kumar Sahu Raja sah son of Shiv Kumar Sah Raju Sah son of Shiv Kumar Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sadanand Paswan(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Madhepuir Police Station Case No. 108 of 2013 registered for the offences punishable under Sections 341, 323, and 504/34 of the Indian Penal Code.

Admittedly, except section 3(x) SC/ST Prevention of Atrocities Act, almost all the sections are bailable in nature and so far as, Section 3(x) SC/ST Prevention of Atrocities Act is concerned, prima facie application of the aforesaid provision appears to be doubtful. There is case and counter case between the parties and it appears that the present case was lodged on account of land dispute.

Patna High Court Cr.Misc. No.34404 of 2014 (2) dt.16-02-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur in Madhepur Police Station Case No. 108 of 2013 , subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U