Gorelal Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32232 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Gorelal Pandit , son of Sohrai Pandit

2. Vijay Pandit, son of Sohari Pandit

3. Anandi Pandit, son of Sohari Pandit

4. Soharai Pandit, son of late Parmeshwar Pandit All are resident of Village Panchi Tola, PO Panhesa, P.S. Shekhopursarai, District Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Shekhopur Sarai P.S. Case No. 98 of 2015, disclosing offences under Sections 147,148,323,354,354B,307,395 of the Indian Penal Code and Section 3/4 (i) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that upon completion of investigation, police have already submitted charge-sheet for the offence punishable under Sections 498A, 307/34 of the Indian Penal and 3⁄4 of the Dowry Prohibition Act.

He has, however, submitted that lodging of the First Information Report, which is based on a complaint petition filed by the informant, is malicious.

Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated because of matrimonial dispute between the daughter of petitioner No.4 and her husband. He has submitted that the daughter of petitioner No.4 has lodged an FIR and in-laws are in fact instrumental in getting the present false case instituted.

Be that as it may, from the allegations made in the First Information Report, since offence under Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, is made out, I am not inclined to entertain this application. However, in the facts and circumstances of the case, since the First Information Report arises out of a complaint case, it is observed that if the petitioners appear before the Court below within four weeks from today and seek regular bail, the same shall be considered and disposed of on the same day. This application is, accordingly, disposed of. (Chakradhari Sharan Singh, J) ArunKumar/- U