Patna High CourtCR. MISC./31572/2016bail granted

Aman Tiwari And ANR v. The State Of Bihar

2016-08-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31572 of 2016 Arising Out of PS.Case No. -137 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Aman Tiwari son of Brijkant Tiwary

2. Binay Tiwary @ Vinay Tiwari @ Vinay Kumar Tiwari, son of Nand Kishore Tiwari Both residents of village Jamuhara, P.O. Indrapuri, Tilauthu, District Rohtas .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sumeet Kumar Singh, Advocate For the Opposite Party : Mr. Ram Shankar Das, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 504 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act registered in connection with Sasaram (Tilauthu) P.S. Case No. 137 of 2016.

3. It is submitted that the petitioners have been falsely implicated as the ingredients of Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act are not attracted as there is nothing in the first information report to suggest that the alleged occurrence transpired in the public view. It is further submitted that accusation of assault on the nose of the

Patna High Court Cr.Misc. No.31572 of 2016 (2) dt.11-08-2016 2/2 informant is general and omnibus against them.

4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or surrender of petitioners before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, District Rohtas (Sasaram) in connection with Sasaram (Tilauthu) P.S. Case No. 137of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) B.T/- U T