Pan Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35499 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Pan Devi wife of Late Krishna Mohan Singh

2. Jyotish Kumar Singh

3. Gopal kumar Singh @ Gopal Singh

4. Grijesh Kumar Singh @ Brijesh kumar Singh All sons of late Krishna Mohan Singh Resident of Village- Routa Banshi, Police Station -Sour Bazar, District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-09-2015 Heard learned counsels for the petitioner and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 504, 506/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. It is alleged that when the informant was getting boundary wall constructed on the land under the order of

Patna High Court Cr.Misc. No.35499 of 2015 (2) dt.03-09-2015 2/3 competent authority then FIR named accused persons demanded extortion of Rs.Two lakhs when the servant of the informant was pushed by petitioner Brijesh Singh by motorcycle which was objected then he was abused. It is alleged that petitioner Gopal Singh assaulted with Khanti to Madan Singh and petitioner Jyotish Singh snatched gold chain of the daughter of the informant.

It is submitted by learned counsel for the petitioners that the petitioners are agnates of the informant and in the background of land dispute the accusation has been levelled. Moreover, the accusation of pushing Baijnath Paswan is against petitioner Brijesh Singh, hence, there is no application of provisions of SC/ST (Prevention of Atrocities) Act since the informant does not belong to Scheduled Caste category. Considering the nature of accusation levelled in the background of land dispute between the parties, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saharsa in connection with Sour Bazar

Patna High Court Cr.Misc. No.35499 of 2015 (2) dt.03-09-2015 3/3 P.S. Case No. 07 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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