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Patna High CourtCR. MISC./50459/2014disposed

Sonu And ANR v. The State Of Bihar

2015-05-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50459 of 2014 Arising Out of PS.Case No. -204 Year- 2014 Thana -RUPASPUR District- PATNA ======================================================

1. Sonu

2. Monu Both sons of Dharnidhar Mishra, Both residents of MohallaAdvocate Colony, Gola Road, P.S.- Rupaspur, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baidyanath Prasad For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 341, 323, 504 and 506 of the I.P.C and section 3 (1) (x) of S.C. & ST Act.

Allegedly, the petitioners obstructed the informant, abused him asking Harijan and asked as to why he has come there and on protest further abused him and also assaulted him. It is alleged that the informant has worked at the time of construction of the house of the petitioners and for asking wages dispute has taken place.

Patna High Court Cr.Misc. No.50459 of 2014 (2) dt.07-05-2015 2/2 Submission is of false implication and that no offence under SC/ST Act is made out as it was not within the public view and the occurrence has not taken place at public place. There was none at the time when informant was humiliated and as such the petitioners who have been falsely implicated at the instance of the police officials deserve sympathetic consideration, to which the learned A.P.P. opposes.

Considering that the occurrence has not taken place in public view and as it being a fit case for regular bail the petitioners are directed to surrender in the court of Judicial Magistrate, Danapur in connection with Rupaspur P.S. Case No. 204 of 2014 and seek regular bail and in that case the petitioners shall be enlarged on bail on executing bail bonds to the satisfaction of the learned court below itself.

With the above observation this Criminal Miscellaneous Application is disposed of.

(Jitendra Mohan Sharma, J) Abhay/- U T