Patna High CourtCR. MISC./34492/2015disposed

Raj Banshi Mahton And ORS v. The State Of Bihar

2015-08-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34492 of 2015 Arising Out of PS.Case No. -197 Year- 2013 Thana -HARIZAN District- BEGUSARAI ======================================================

1. Raj Banshi Mahton

2. Subodh Mahton, Both sons of Late Dunilal Mahton

3. Amarjeet Mahton

4. Sujit Mahton @ Sujit Kumar Both sons of Raj Banshi Mahton, All residents of village- Mokhtiyarpur, P.S.- Bhagwanpur, District- Begusrai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2015 Heard learned counsels for the petitioners and the State.

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

It is alleged that when the informant made protest for fencing of the land, then the accused persons abused her by calling caste name and made assault and dragged the informant by catching hold of her hair locks.

Patna High Court Cr.Misc. No.34492 of 2015 (2) dt.17-08-2015 2/2 It is submitted by the learned counsel for the petitioners that in the background of serious land dispute between the parties, the accusation has been levelled and case with regard to the land dispute is pending before the DCLR, Teghra. It is further submitted that there is no injury report on record and for the occurrence of 26.11.2013 at 4 P.M. the FIR has been registered on 27.11.2013 at 2.30 P.M.

The aforesaid facts constitute ground 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 Begusarai SC/ST P.S. Case No. 197 of 2013 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