Rakesh Singh And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42454 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================
1. Rakesh Singh
2. Vikki Singh @ Bidaya Bhusan Singh
3. Sanjay Singh
4. Biten Singh.
Petitioner Nos. 1 to 4, all sons of Ramjee Singh
5. Badaru Singh S/o Late Bhagwan Singh All R/o Village Siyaruwa, P.S. Ramgarh, District- Kaimur (Bhabua) .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.P.P.) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-02-2016 Heard learned counsel for the petitioners and the Special P.P.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 354, 307, 504, 506 of the Indian Penal Code and Section 3
(1) (x) (xi) of SC/ST Act.
It is contended that, as per the allegation, the petitioners and another had assaulted the son of the informant for sitting on front bench of the school and when Rekha Kumari, Indrajeet Kumar and Pramod Kumar came to his rescue then they were also assaulted and abused by taking their caste name. The Headmaster
Patna High Court Cr.Misc. No.42454 of 2015 (6) dt.29-02-2016 2/3 of the school also abused them by taking their caste name. It is next contended that the Headmaster of the School had already lodged Ramgarh P.S. Case No.201/2015 under Sections 341, 342, 323, 353, 379, 427, 504, 506, 147 and 149 of the Indian Penal Code against the informant's side on 21.07.2015 at 2.40 P.M. and, thereafter, the present FIR was lodged on the same day at 7.30 P.M. It is further contended that, earlier also, a case was filed against the father of the petitioner nos. 1 to 4 before the D.C.L.R., Mohania by the informant's side which was decided in favour of the petitioners and, thereafter, again a case has been filed by the petitioner no.2 before the D.C.L.R., Mohania in which notice has already been issued upon the informant's side. It is also contended that the Headmaster of the school, namely, Prahlad Singh has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 30.10.2015 passed in Cr. Misc. No.44712/2015.
Having regard to the facts and circumstances of the case, let the petitioners, namely, Rakesh Singh, Vikki Singh @ Bidaya Bhusan Singh, Sanjay Singh, Biten Singh and Badaru Singh be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with SC/ST (Bhabua) P.S. Case No.34/2015, on
Patna High Court Cr.Misc. No.42454 of 2015 (6) dt.29-02-2016 3/3 furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar, Judicial Magistrate-1st Class, Kaimur, Bhabua subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T