Patna High CourtCR. MISC./51702/2014bail granted

Vikash Yadav And ANR. v. The State Of Bihar

2015-01-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51702 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Vikash Yadav,

2. Sujeet Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-01-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341,323,325,427,448,504 and 506/34 of the Indian Penal Code and sections 3(1)(xi) and (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case is that the accused persons were disturbing the boundary of the land of the informant when protest was made then the informant was assaulted and abused by calling the caste name.

It is submitted by learned counsel for the petitioners that the accusation is not specific and even assuming the accusation no offence under sections 3(1)(xi) and (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Patna High Court Cr.Misc. No.51702 of 2014 (2) dt.06-01-2015 2/2 Act is made out.

It is submitted by learned Special P.P. that the offence under section sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out as it has admittedly been committed in public view. Considering the nature of accusation and the background in which the occurrence took place, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Roushanganj P.S. Case No. 62 of 2014 pending in the court of learned J.M. Ist Class, Sherghati, Gaya. This application is disposed of with the aforesaid observation/direction.

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