Malik Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53245 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -GARHPURA District- BEGUSARAI ======================================================

1. Malik Das son of Ram Udgar Das

2. Khusru Das, son of Ram Udgar Das

3. Ram Udgar Das son of Late Ramfal Das

4. Lakhan Das @ Ramlakhan Das son of Durga Das

5. Jay Kumar Das, son of Late Ramfal Das

6. Santosh Das @ Ram Sobhit Das son of Ram Udgar Das

7. Ram Kumar Das, son of Ram Aautar Das All are resident of Village-Halakhpura, P.S.-Garhpura, DistrictBegusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-11-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 436, 399 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. The prosecution case is that co-accused Malik Das and Khushru Das assaulted the informant's wife and daughter, whereas others also made assault to the informant's side. It is alleged that petitioner No. 3 Ram Udgar Das lit fire in the house of the informant.

It is submitted by learned counsel for the petitioners that accusation has been levelled in the background of land dispute and petitioners side also lodged Garhpur P.S. Case No. 39 of 2015 prior to the present case levelling

Patna High Court Cr.Misc. No.53245 of 2015 (2) dt.23-11-2015 2/2 accusation under Sections 341, 323, 427, 436, 379, 448, 504, 34 of the Indian Penal Code. The petitioners also belong to the schedule caste community and subsequently the informant has retracted from the initial version and filed a petition to that effect before learned Court below.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the case lodged by the petitioners' side at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Garhpura P.S. Case No. 40 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T