Santosh Kumar Mahto @ Santosh Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16521 of 2014 Arising Out of PS.Case No. -388 Year- 2013 Thana -BIHTA DistrictPATNA =====================================

1. Santosh Kumar Mahto @ Santosh Kumar Patel, S/o Sri Lal Babu Mahto, Resident of Village-Pali, P.S.-Bihta, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raj Kumari Devi, W/o Ghamandi Manjhi, R/o Pali Halt, P.S.-Bihta, District-Patna.

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

For the Petitioner/s : Mr. Sarvesh Kumar Singh, Adv. For the Opposite Party/s : Dr. Indiwar Kumari (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bihta P.S. Case No.388 of 2013, disclosing offences under Sections 341, 323, 504, 436, 429, 427 and 506/34 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court Cr.Misc. No.16521 of 2014 (6) dt.03-02-2016 2/3 Atrocities) Act.

Despite service of notice upon opposite party No.2, the informant, there is no representation on her behalf.

Learned counsel for the petitioner submits that no offence, under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is made out against the petitioner, in view of the nature of allegation. He further contends that there is general and omnibus allegation of destroying the pig sty of the informant.

Considering the submission that the allegation is general and omnibus and not specific, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bihta P.S. Case No.388 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as

Patna High Court Cr.Misc. No.16521 of 2014 (6) dt.03-02-2016 3/3 the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T