Balbhadra Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23162 of 2016 Arising Out of PS.Case No. -84 Year- 2015 Thana -SC ST P.S. District- SIWAN ======================================================
1. Balbhadra Pandey son of Late Bilash Pandey
2. Ranjeet Pandey @ Rajiv Kumar Pandey son of Balbhadra Pandey
3. Ashish Kumar Tiwary, son of Satrudhan Tiwary
4. Chandani Kumari daughter of Balbhadra Pandey
5. Priti Kumari daughter of Balbhadra Pandey All are resident of Village-Tarwa Prasa, P.S.-M.H. Nagar, Hasanpur, District-Siwan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Shankar Pathak For the Opposite Party/s : Mr. Sadanand Paswan (Spl.A Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 323, 354, 379, 504, 506 of the Indian Penal Code and Section 3(1)(X) of the SC & ST (Prevention of Atrocities) Act. The prosecution case is that on 10.11.2015 at 4:00 P.M the son of the informant Jai Prakash Ram was sitting at the ridge of the land and petitioner No. 1 was getting the mustard crop ploughed who asked the son of the informant not to go from the land but the son of the informant did not follow the direction of petitioner. In retaliation to that the accused persons came variously armed, made assault and abused by calling caste name. It is alleged that petitioner No. 1 snatched gold chain from the daughter of the informant. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.23162 of 2016 (2) dt.24-05-2016 2/2 petitioners that for the occurrence of 10.11.2015 the F.I.R was registered on 15.11.2015. It is further submitted that petitioner No. 2 lodged Daraounda(M.H. Nagar P.S. Case No. 294 of 2015 against the sons of the informant levelling accusation under Sections 341, 323, 504, 379, 34 of the Indian Penal Code on 12.11.2015.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the genesis of the occurrence and the case lodged by the petitioners' side at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Siwan in connection with Siwan SC/ST P.S. Case No. 84 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T