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Patna High CourtCR. MISC./42685/2014disposed

Khusbu Singh @ Khusbu Kumar Singh @ Ajay Kumar Singh @ Ajay Singh v. The State Of Bihar

2015-07-01Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42685 of 2014 Arising Out of PS. Case No. -67 Year- 2014 Thana -JAMALPUR District- DARBHANGA ====================================================== Khusbu Singh @ Khusbu Kumar Singh @ Ajay Kumar Singh @ Ajay Singh, Son of Late Rajan Prasad, Resident of Village - Bela Gononi, P.S. - Jamalpure (O.P. Bargaon), District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. PP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Sections 448, 354B and 509 of the Indian Penal Code and Section 3(i) (xi) (xii) of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities), Act.

Learned counsel for the petitioner submits that no case under Scheduled Castes/Scheduled Tribes (Prevention of Atrocities), Act is made out, as the incident took place inside a room. He submits that the case has been lodged after seven days of the occurrence. He further submits that the petitioner is one of the co-villagers and there is land dispute between the parties. In the facts and circumstances of the case, if the petitioner surrenders before the court below (Sub-Divisional

Patna High Court Cr. Misc. No.42685 of 2014 (3) dt.01-07-2015 2 / 2 Judicial Magistrate, Biroul, Darbhanga) in connection with Jamalpur P.S. (Bargaon O.P.) Case No. 67 of 2014 within four weeks from today and prays for regular bail then the learned court below would release him on bail to its own satisfaction. This application stands disposed of.

Let this order be communicated to the court of SubDivisional Judicial Magistrate, Biroul, Darbhanga at the cost of the petitioner.

(Samarendra Pratap Singh, J.) Uday/- U T