Patna High CourtCR. MISC./38745/2015disposed

Bigu Pandit And ORS. v. The State Of Bihar

2015-09-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38745 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bigu Pandit

2. Mahendra Pandit, Both Sons of Late Kapildeo Pandit.

3. Lalan Pandit, S/o- Mahendra Pandit.

4. Munna Pandit.

5. Chunchun Pandit.

Both sons of Bigu Pandit and All residents of Village- Sekharna, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav, Advocate For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code, 3/4 of The Prevention of Witch Practices Act, and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

Accusation is of tying the informant with a pole and making assault and abusing by calling caste name. It is submitted by the learned counsel for the petitioners that for the occurrence of 07.03.2015 at 10.00 A.M. the First Information Report has been lodged on 08.03.2015 at

Patna High Court Cr.Misc. No.38745 of 2015 (2) dt.29-09-2015 10.00 A.M. Moreover, the accusation does not suggest that any injury was caused to the informant.

It is submitted by Mr. Ambika Bhagat, learned Special A.P.P. for S.C./S.T. Act and learned counsel for the informant that the occurrence took place in a public view. Considering the nature of accusation and the statement has been made in para-3 of the petition that petitioners have no criminal antecedent, it is a case for consideration of regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Ghorashan P.S. Case No. 77 of 2015, pending in the court of learned Sub-Divisional Judicial Magistrate, Sikhrana at Motihari, East Champaran. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T