Patna High CourtCR. MISC./38473/2014bail granted

Md. Reyazuddin And ORS v. The State Of Bihar

2015-04-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38473 of 2014 Arising Out of PS.Case No. -167 Year- 2013 Thana -SC/ST P.S. District- MUZAFFARPUR ======================================================

1. Md. Reyazuddin

2. Md. Serajuddin Both sons of Md. Naimuddin

3. Md. Saidar Ali Son of Md. Sarfuddin Miyan All residents of Village Bhagwanpur, P.S. Baruraj, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Firoz Raza For the Opposite Party/s : Mr. Ambika Bhagat(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application seeking anticipatory bail in a case registered for the offence punishable under Sections 341, 323, 427, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioners submits that the offences under various sections of the Indian Penal Code are bailable. As regards Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, learned counsel has submitted that no offence under the said provision is made out inasmuch as there is no allegation that the occurrence

Patna High Court Cr.Misc. No.38473 of 2014 (2) dt.01-04-2015 P2/2 took place in the presence of general public. In view of the submissions as above, let the petitioners above named, in the event of their arrest / surrender within six weeks from today before the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount, each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, (West) Muzaffarpur in connection with S.C./S.T. Muzaffarpur P.S. Case No. 167 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Chakradhari Sharan Singh, J.) Saif/- U T