Ram Sogarath Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49585 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -SC/ST District- SHEOHAR ======================================================

1. Ram Sogarath Rai Son of Late Inaraman Rai,

2. Bahadur Rai @ Ram Bahadur Rai, son of Ram Sogarath Rai,

3. Baidyanath Rai, Son of Ramagya Rai,

4. Sangeeta Devi, wife of Baidyanath Rai, all are resident of village - Surgahi tole Bhisa, P.s. - Taryani, District - Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 448, 504/34 of the Indian Penal Code 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act. The prosecution case is that the accused persons entered into the house of the informant, abused the informant's husband and assaulted her. In the meantime petitioner no. 3 Baidyanath Rai started cutting the tobacco crops. On protest being made by the informant, Ram Sograth assaulted her and tore her cloth. When son of the informant came to rescue, he was also assaulted by Bahadur Rai. Petitioner no. 4 told the son of the

Patna High Court Cr.Misc. No.49585 of 2015 (2) dt.05-11-2015 informant to spit and the informant was forced to swallow the same.

It is submitted by the learned counsel for the petitioners that for the occurrence of 23.03.2015 the First Information Report was registered on 27.03.2015. There is counter version of the occurrence also. Fardbeyan of the petitioner was registered on 01.04.2015.

Considering the fact that fardbeyan of the petitioner was recorded at earlier point of time for the occurrence of 23.03.2015 and First Information Report was registered on 27.03.2015, which reached to the court of learned Additional Chief Judicial Magistrate on 30.03.2015, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar in connection with Sheohar S.C./S.T. P.S. Case No. 11 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T