Ganesh Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39843 of 2015 Arising Out of PS.Case No. -172 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Ganesh Rai,

2. Mahesh Rai,

3. Ramesh Rai,

4. Kalicharan Rai, All four Sons of Chand Bahadur Rai,

5. Babloo Rai @ Babloo Son of Ganesh Rai,

6. Chhotu Rai, Son of Mahesh Rai, All resident of Village- Bhawani Tola, P..- Maner, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 452, 380 and 504 of the Indian Penal Code and 3(1) (x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act.

Allegation against the petitioners is that they abused the informant by taking her caste name as she refused to do work for them.

It has been submitted on behalf of the petitioners that they have no criminal antecedent. They have been made accused due to mistake of fact. No offence under SC and ST Act is made out against them. Vide Annexure-3 the matter has been compromised between the parties.

On behalf of the State, it is submitted that the petitioners

Patna High Court Cr.Misc. No.39843 of 2015 (2) dt.01-10-2015 2 / 2 are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri A. K. Thakur, learned Judicial Magistrate, Ist Class,Danapur, Patna, in connection with Maner P.S. Case no. 172 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T