Gora Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39983 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -DUMARIA District- GAYA ======================================================

1. Gora Mahto Son of Ganesh Mahto

2. Suraj Mahto Son of Late Sitaram Mahto

3. Rajo Mahto Son of Shiv Kumar Mahto

4. Kuma Devi @ Uma Devi Daughter of Giraj Mahto All Resident of Village-Pachrukhiya Tola Simri, P.S.-Dumariya, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Ramshankar Das(Spl.Pp) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Dumariya P.S. Case No. 37 of 2014 registered for the offences punishable under Sections 147, 149, 341, 323 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that apart

Patna High Court Cr.Misc. No.39983 of 2014 (2) dt.25-03-2015 2/2 from the allegations made with regard to the offence under various sections of the Indian Penal Code, the informant had registered the case under the provision of Section 3 (i) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act but no such case made out against them. It is also submitted that there is no allegation that the offence was committed at public place and in public view. Furthermore, the names of the witnesses have not been incorporated in the First Information Report. It is further submitted that all offences are bailable except the offence under the provisions of SC/ST Act and hence, the petitioners may be extended the privilege of anticipatory bail.

Considering the aforementioned submissions and the nature of allegation made in the complaint, let the petitioners above named, in the event of his arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghaty (Gaya) in connection with Dumariya P.S. Case No. 37 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T