Patna High CourtCR. MISC./39565/2015dismissed

Rambalak Kewat And ORS. v. The State Of Bihar

2015-09-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39565 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -BIHARSHARIF HARIJAN DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Rambalak Kewat son of Late Gurau Jee Kewat

2. Vijay Kewat son of Late Ramdeo Kewat

3. Bhole Kewat son of Arjun Kewat All residents of village Badri Bigha Naya Tola P.S. Deep Nagar, District Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 504 and 506/34 of the Indian Penal Code and 3(i) (x) of the Scheduled Castes and Scheduled Tribes Act.

Allegation against petitioners is of assaulting informant by fists and slaps and also of abusing by taking his caste name. It has been submitted on behalf of the petitioners that they have falsely been implicated in the present case. All the offences are bailable except for the provision under SC and ST Act which is also not attracted in the present case. On behalf of the State, it is submitted that place of occurrence is said to be a road and the same is a public place. Considering the aforesaid facts and circumstances, I am of the view that petition of the petitioners is not maintainable and the same stands dismissed.

Patna High Court Cr.Misc. No.39565 of 2015 (2) dt.29-09-2015 2 / 2 Any how if the petitioners surrender in the court below and pray for regular bail, same shall be considered on its own merit without being prejudiced by this order taking into account that all the offences are bailable except provisions under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(Sudhir Singh, J) sudip/- U T