Patna High CourtCR. MISC./25726/2016disposed

Ramjee Sah And ORS v. The State Of Bihar

2016-07-12Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.25726 of 2016 (2) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25726 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -PANAPUR District- SARAN ======================================================

1. Ramjee Sah Son of Gulab Sah

2. Sarbjeet Sah Son of Shankar Sah

3. Bijendra Sah son of Shankar Sah

4. Munna sah son of Ramjee Sah

5. Shambhu Sah son of Motilal Sah

6. Mahesh Sah son of Shambhu Sah, All are resident of village-Betaura,P.S. Panapur, District-Saran.

... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Ram Shankar Das ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Sections 307, 323, 504/34 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act.

It is alleged by the informant that due to dispute in laying foundation of tube well, the accused Ramjee Sah abused him and accused Sarbjeet Sah assaulted him by climbing on his chest. The petitioner submits that the occurrence took place on 17.8.2015 but the complaint was filed on 13.10.2015 after delay of about two months. He further submits that no case under section 3(i))x) of the SC/ST Act is made out as the occurrence did not take place in a public place. He submits that the occurrence is lodged

Patna High Court Cr.Misc. No.25726 of 2016 (2) dt.12-07-2016 after delay of almost two months. He further submits that there is no allegation worth the name against other petitioners. Having regard to the facts and circumstances of the case that the case has been lodged after delay of about two months, this Court directs that if the petitioners, namely, (i) Ramjee Sah, (ii) Sarbjeet Sah, (iii) Bijendra Sah, (iv) Munna Sah, (v) Shambhu Sah and (vi) Mahesh Sah surrender before the court below, within four weeks from today, they would be released on bail in connection with Panapur P.S. Case No.15 of 2016 on furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Saran, Chapra. (Samarendra Pratap Singh, J) KHAN/- U