Barak Keshari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42525 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -DHANGAI District- BHOJPUR ======================================================
1. Barak Keshari
2. Umesh Keshari Both are S/o Ramjee Keshari,
3. Sanni Keshari
4. Tutu Keshari Both are S/o Babua Keshari All are resident of village-Dalip Pur, P.S.- Dhangai, Dist- Bhojpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Dhangai P.S. Case No. 41/15 registered under Sections 341, 323, 324, 325/34 of the Indian Penal Code and 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.
It is contended that even if the entire allegations made in the FIR are taken to be true, the ingredients of the
Patna High Court Cr.Misc. No.42525 of 2015 (2) dt.13-10-2015 2 / 2 offence punishable under Section 3(1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, would not be attracted. It is further contended that there is a case and counter case and, subsequently, due to intervention of wellwishers of both the sides, the parties entered into compromise. Learned counsel for the State has opposed the application filed on behalf of the petitioners. He has submitted that the offences alleged in the FIR are not compoundable in nature.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Dhangai P.S. Case No. 41 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T