Mukulesh Devi And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.49047 of 2014 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49047 of 2014 Arising Out of PS.Case No. -184 Year- 2014 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Mukulesh Devi Wife of Manoj Rai

2. Babita Devi Wife of Pramod Rai

3. Heera Devi Wife of Nirmal Rai

4. Pramod Rai

5. Nirmal Rai Both Sons of Ram Deo Rai

6. Manoj Rai Son of Brahmdeo Rai

7. Kailash Rai Son of Late Sunder Rai All Residents of Village : Chakchanarpat, P.S. : Bakhari, District : Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Yogesh Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl.Pp) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner apprehends their arrest in connection with Bakhari P.S. Case No. 184/2014 registered for the offences punishable under Sections 341, 323, 448, 380, 504/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioners submits that actually the allegation as contained in the First Information Report is more against Manoj Rai and Kailash Rai, Petitioner Nos. 6 and 7 whose case has since been withdrawn.

Patna High Court Cr.Misc. No.49047 of 2014 (3) dt.23-04-2015 Learned counsel for the petitioner submits that the petitioners have reached on hulla and they have no specific role to play. It is further submitted that so far as the allegations under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are concerned, there was no witness to support the prosecution case so as to bring the case within the purview of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the aforementioned submissions and also the fact that the petitioners have no specific role to play and also they have clean antecedent, let the petitioners above named, in the event of their arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bakhari P.S. Case No. 184/2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T