Rajendra Sharma And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50725 of 2015 Arising Out of PS.Case No. -137 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Jitendra Kumar, son of Raj Kumar Sharma

2. Raj Kumar Sharma son of Late Suraj Sharma

3. Roshan Sharma, son of Munna Sharma All residents of Villgae: Penar, P.S: Nokha, District: Rohtas.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51661 of 2015 Arising Out of PS.Case No. -137 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Rajendra Sharma, son of late Suraj Sharma

2. Ashok Sharma, son of Late Suraj Sharma

3. Santosh Sharma, @ Santosh @ Santosh Kumar, son of Ram Kumar Sharma, All residents of village Penar, P.S.Nokha, Dist. Rohtas .... .... Petitioners

Versus

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

(In Cr.Misc. No.50725 of 2015) For the Petitioner/s : Mr. Sada Nand Ray,Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) (In Cr.Misc. No.51661 of 2015) For the Petitioner/s : Mr. Sada Nand Ray,Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 34 of the Indian Penal Code and Section 3 (i) (x) of the SC/ST (Prevention of

Patna High Court Cr.Misc. No.50725 of 2015 (2) dt.06-11-2015 Atrocities) Act registered in connection with Nokha P.S. Case No. 137 of 2015.

3. It is submitted that the petitioners have been falsely implicated as even in the averments as contained in the FIR the offence under SC/ST Act is not made out, the alleged occurrence not having taken place in public view nor the other ingredients were also not fulfilled. Other penal Sections are bailable.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest or surrender 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sasaram, District Rohtas in connection with Nokha P.S. Case No. 137 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Chandran U T