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Patna High CourtCR. MISC./25361/2015bail granted

Satyendra Duvey @ Shatrudhan Duvey And ANR v. The State Of Bihar

2015-07-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25361 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================

1. Satyendra Duvey @ Shatrudhan Duvey s/o Laxman Duvey

2. Murari Kumar s/o Satyendra Duvey @ Shatrudhan Duvey .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2015 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, 504, 506, 337, 325, 34 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 Satendra Dubey @ Shatrudhan Dubey took Rs. Five Lacs from the informant for providing employment when the informant went to demand back his money then he was being abused by calling caste name and assaulted.

It is submitted by learned counsel for the petitioners that there is no proof with regard to the payment. A statement has

Patna High Court Cr.Misc. No.25361 of 2015 (2) dt.10-07-2015 2/2 been made in part 8 of the petition that there is no injury report on record. There is counter version of the occurrence also. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Admittedly the occurrence took place at the house of the petitioners, hence, it cannot be treated to be the place of public view. Considering the aforesaid facts, 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, Nalanda at Biharsharif in connection with SC/ST P.S. Case No.36 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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