Ajay Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35381 of 2015 Arising Out of PS.Case No. -46 Year- 2014 Thana -HARIZAN District- BEGUSARAI ======================================================

1. Ajay Sah Son of Late Raghunandan Sah

2. Reena Devi, wife of Sri Ajay Sah, Both resident of village- Bajalpura, P.S.- Teghra, Distt. Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341,323,504,354 and 379/34 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that the informant and his cousin Dilip Choudhary purchased 1 Katha 14 dhoors of land from petitioner Ajay Sah. On 22.7.2014 Vijay Sah objected to the possession of the informant claiming his share in the transferred land to the informant. On protest being made, on the order of Vijay, the petitioners and Vijay assaulted the informant and others and abused by calling caste name. Due to assault the female

Patna High Court Cr.Misc. No.35381 of 2015 (2) dt.20-08-2015 2/2 members of the informant side got injured.

It is submitted by the learned counsel for the petitioners that in the background of the land dispute the accusation has been levelled and there is no occasion for the petitioners to have assaulted the informant as they do not deny the factum of execution of sale deed in favour of the informant. It is submitted by learned counsel for the informant that the accused persons including the petitioners made assault to the informant including the female members and even the children of the informant side.

Considering the nature of accusation levelled in the background of land dispute, 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 SC/ST P.S. Case No. 46 of 2014 pending in the court of learned ACJM, Begusarai.

This application is disposed of with the aforesaid observation/direction.

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