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Patna High CourtCR. MISC./26603/2016bail granted

Puran Pandit And ANR v. The State Of Bihar

2016-06-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26603 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -SC/ST P.S. District- MUZAFFARPUR ======================================================

1. Puran Pandit son of late Grabhu Pandit

2. Laxaman Sah sonof late Lali Sah, both are resident of village-Mirjapur, PS-Kanti, District-Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-06-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are seeking bail in connection with Muzaffarpur SC/ST P.S. Case No.105/2015 registered for offences under sections 341, 323, 307, 354 B of the Indian Penal Code and section 3(i) (x) of the SC/ST Act.

As per the allegation made by the complainant that she after clearing clothes were lying for dry then accused persons came there and their buffalo were running on the clothes which were lying for dry. When she objected, the petitioners started abusing her and also called by her caste name, so much so that accused persons dragged the complainant in the water with a view to kill her. Further allegation has been made to have burnt the clothes. She could be saved her life by the family members.

Patna High Court Cr.Misc. No.26603 of 2016 (2) dt.30-06-2016 2/2 The counsel for the petitioner submits that the complainant is in the habit of making false allegation and so much so that there was a land dispute in between the informant and her pattidar and petitioners were/are witnesses to the said occurrence and as they did not give evidence in her favour, they were implicated in the present case. He further submits that no such incident had taken place with her.

Looking to facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub-Judge 13th-cum-Additional Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur SC/ST P.S. Case No.105/2015, subject to the condition as laid down under Section 438 (2) Cr. P.C.

(Shivaji Pandey, J) Mahesh/- U T