Kamlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33797 of 2014 Arising Out of PS.Case No. -329 Year- 2013 Thana -KOCH District- GAYA ====================================================== Kamlesh Yadav .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Manish Kumar No-2, Advocate. For the Opposite Party : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 504/34 of the Indian Penal Code and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act.
The accusations are of making assault and abusing by calling caste name.
It is submitted by learned counsel for the petitioner that accusation of abuse is absolutely at the house of the informant which can not be treated to be a public view. Moreover, for occurrence of 23.10.2013 at 9.00 P.M., F.I.R. was registered on 24.10.2013 at 8.10 A.M. whereas it was received before the learned C.J.M. on 26.10.2013. A statement
Patna High Court Cr.Misc. No.33797 of 2014 (2) dt.18-02-2015 2 / 2 has been made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent. Considering the nature of accusation and delayed transmission of F.I.R., to the court, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Konch P.S. Case No. 329 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Dinesh Kumar Singh, J) U T