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Patna High CourtCR. MISC./20574/2016disposed

Nanhe Bind And ORS. v. The State Of Bihar

2016-05-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20574 of 2016 Arising Out of PS.Case No. -9 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================

1. Nanhe Bind

2. Mantu Bind @ Satendra Bind @ Satyendra Bind @ Mantu

3. Gadhu Bind @ Jitendra Bind all sons of Late Gaya Bind

4. Dewanti Devi wife of Mantu Bind @ Satendra Bind resident of MohallaBhabua Ward No.14, P.S.- Bhabua, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-05-2016 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, 354, 325, 307, 379/34, 504, 506 of the Indian Penal Code and under Sections 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is of abusing the informant by calling caste name and making assault and when mother, brother and sister of informant came to rescue they were also assaulted as a result of which two teeth of sister of informant got uprooted. It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.20574 of 2016 (2) dt.13-05-2016 2/2 that on account of petty dispute the accusation has been levelled and after conclusion of investigation the police submitted charge sheet under Sections 341, 324, 325, 504, 506/34 of the IPC and under Sections 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Considering the fact that in the background of petty dispute the accusation has been levelled and the case has not been found true during investigation under Section 307 of the IPC, in view of this court, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Bhabhua P.S. case No. 09 of 2015 pending before learned Chief Judicial Magistrate, Kaimur at Bhabhua. This application is disposed of with the aforesaid observation/ direction.

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