Dharmdeo Kamkar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43070 of 2014 Arising Out of PS.Case No. -20 Year- 2014 Thana -SC/ST PS District- BUXAR ======================================================
1. Dharmdeo Kamkar
2. Bhutai Kamkar
3. Ramjash Kamkar
4. Brahmdeo Kamkar
5. Chandradeo Kamkar 1 to 5 sons of Late Ghuma Kamkar
6. Birendra Kamkar
7. Bhajan @ Bhajai Kamkar 6 & 7 sons of Late Asha Kamkar All resident of Village-Tiwary, P.S.-Rajpur, District-Buxar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-09-2015 Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners are apprehending their arrest in connection with Buxar SC/ST P.S. Case No.20 of 2014 for allegedly having committed the offences under Sections 323, 452, 504 of the Indian Penal Code and Section 3(i)(x) of the S.C./S.T. Act.
Learned counsel for the petitioners submits that the entire allegations against the petitioners are false and malicious and the provisions of Section 3(1)(x) of the S.C./S.T. Act could not be attracted in the present case as, admittedly, the place of
Patna High Court Cr.Misc. No.43070 of 2014 (4) dt.02-09-2015 2/2 occurrence is the house of the informant.
Considering the fact that the occurrence has taken place not in public view but in the house of the informant and the fact that the petitioners have no criminal antecedents, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Buxar S.C./S.T. P.S. Case No.20 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T