Burha Sah @ Buddha Sah And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57563 of 2015 Arising Out of PS.Case No. -36 Year- 2013 Thana -SC/ST District- JAMUI ======================================================
1. Burha Sah @ Buddha Sah Son of Late Mushar Sah
2. Tileshwar Sah Son of Buddha Sah @ Burha Sah
3. Kuldip Sah Son of Buddha Sah @ Burha Sah
4. Nageshwar Sah Son of Buddha Sah @ Burha Sah
5. Krishna Sah Son of Tileshwar Sah All r/o Village Aghara Chapri, P.S. Sono, District-Jamui .... .... Petitioners
Versus
1. The State of Bihar
2. Prabhu Manjhi Son of Masudan Manjhi R/o Village Aghara Chapri, P.S. Sono, District-Jamui .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Ajay Kumar Tiwary, Mr. Rakesh Kumar Sinha, Advocates For the State : Mr. Ram Shankar Das, Spl. A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-02-2016 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case filed under Sections 323, 341, 307, 427, 504/34 of the Indian Penal Code and Section 3(i)(iii)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is submitted that this is the third time when the complainant has filed this case. It is contended that it would be apparent from Annexures 2 and 3 appended with the supplementary affidavit that in view of certain dispute with regard
Patna High Court Cr.Misc. No.57563 of 2015 (3) dt.12-02-2016 2 / 2 to the land, informant/complainant has lodged two earlier complaint case against the petitioners under several sections of the I.P.C. but also under Section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. In both the cases, petitioners were granted bail then third case has been lodged.
Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in complaint case no.713 C of 2013, the above named petitioners, Burha Sah @ Buddha Sah, Tileshwar Sah, Kuldip Sah, Nageshwar Sah and Krishna Sah shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of ACJM, Jamui subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T