Akhil Bhartiya @ Amit Bhartiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31085 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -HAJIPUR SADAR District- VAISHALI(HAJIPUR) ======================================================

1. Akhil Bhartiya @ Amit Bhartiya

2. Nikhil Bhartiya Both Sons of Late Mahesh Sah, Resident of village - Dighi Kala, Station Road, P.S. Sadar Hajipur, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with Hajipur Sadar P.S. Case No.107 of 2015 for allegedly having committed the offences under Sections 147, 149, 341, 353, 386, 504, 452, 307 and 427 of the Indian Penal Code and Section 3(x) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that the entire allegation against the petitioners is false and fabricated and has been occasioned on account of the fact that earlier a complaint had been registered by one Rajkumari Devi, bearing Complaint Case No.753 of 2015, making serious allegation against the

Patna High Court Cr.Misc. No.31085 of 2015 (2) dt.12-08-2015 2/2 informant of the present case. Learned counsel for the petitioners submits that the provisions of S.C./S.T. Act would also not be attracted as apparently the occurrence has not taken place in public view and there is no independent witness to support the allegations in the F.I.R.

Considering the aforementioned submissions and there being no specific allegation against theses petitioners and also the fact that they have no criminal antecedents, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No.107 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T