Patna High CourtCR. MISC./41236/2015disposed

Madan Rai And ORS v. The State Of Bihar

2015-10-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41236 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -SIMRI District- BUXAR ======================================================

1. Madan Rai son of Shirmuni Rai null

2. Pintu Rai son of Shivji Rai

3. Shivji Rai son of late Saral Rai

4. Vinod Rai son of Shiv Shankar Rai

5. Rajnath Rai son of Shriram Rai

6. Paramhans Rai son of late Saral Rai All are resident of village- Navran Raika Deru, P.S- Simri (Ram Ban Raike Dera O.P.) Dist- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 448, 341, 323 and 354/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the petitioners entered into the house of the informant, made assault, abused by calling caste name and tried to outrage the modesty of the informant.

Patna High Court Cr.Misc. No.41236 of 2015 (2) dt.07-10-2015 2/2 It is submitted by learned counsel for the petitioners that, though, on conclusion of the investigation the petitioners were not sent up for trial but differing with the final form the learned Magistrate took cognizance under Sections 448, 341, 323, 354/34 of the IPC and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. It is further submitted that in the background of land dispute the accusation has been levelled. Considering the fact that the investigation was not found true during investigation, it is a case for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Simri P.S. Case No. 36 of 2015 pending in the court of learned Chief Judicial Magistrate, Buxar.

With the aforesaid observation, this application is disposed of.

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