Shiva Nath Mandal And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.32741 of 2015 (2) dt.18-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32741 of 2015 Arising Out of PS.Case No. -215 Year- 2014 Thana -LAUKHA District- MADHUBANI ======================================================

1. Shiva Nath Mandal Son of Late Banwali Mandal,

2. Thakkan Mandal, Son of Late Bahadur Mandal, Both resident of village - Narayanpur, P.S. - Laukaha, District -Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner apprehend their arrest in connection with a case registered for the offences punishable under Sections 341,323,324,379, 504, 427/34of the Indian Penal Code and Section 3(v) (x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioners submits that the present case originated out of a petty dispute regarding making of cow dung on the land of these petitioners. He submits that the allegation levelled against the petitioners is simple and that the charge with regard to the provisions of Section 3 (v)(x)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Patna High Court Cr.Misc. No.32741 of 2015 (2) dt.18-08-2015 Act, 1989 have also been incorporated only to make the offence grave. He further submits that the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would not be attracted as the occurrence has taken place at the private lands of the petitioners and not in public view nor is there any independent witness to support the case.

Considering the aforementioned facts and circumstances of the case and that the petitioners have no criminal antecedent, let the petitioners abovenamed, in the event of their arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Jhanjharpur, District-Madhubani in connection with Laukaha P.S. Case No.215/14 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T