Patna High CourtCR. MISC./37950/2015disposed

Arvind Kumar Rai And ANR v. The State Of Bihar

2015-09-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37950 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -SC SC PS District- VAISHALI(HAJIPUR) ======================================================

1. Arvind Kumar Rai S/o Ramesh Rai

2. Bipin Kumar S/o Ramesh Rai Resident of village - Govindpur Jharkharaha, P.S. Rajapakar, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kishor For the Opposite Party/s : Mr. Ambika Bhagat (A.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 354, 308, 448, 427, 379, 504, 506 of the Indian Penal Code and Section 3(1)(x)(xi) of the SC & ST(Prevention of Atrocities) Act.

The prosecution case is that petitioners were leading the procession for the emersion of idol of goddess Saraswati. When the procession was crossing through the house of the informant petitioner No. 2 Bipin Kumar tried to outrage the modesty of the sister-in-law of the informant. On protest being made co-accused Himanshu Kumar assaulted with iron rod to the brother of the informant. Petitioner No. 1 assaulted son of the informant Prashant Kumar. The accused persons pelted

Patna High Court Cr.Misc. No.37950 of 2015 (2) dt.22-09-2015 2/2 stones and damaged the house of the informant. It is submitted by learned counsel for the petitioners that accusation is against the mob. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Learned Special P.P submits that occurrence took place in public view in a procession and petitioners were leading the mob.

Let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with SC/ST P.S. Case No. 6 of 2015, pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur.

With the observations above, the application stands disposed off.

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