Ajit Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10066 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -SC/ST District- JAMUI ======================================================
1. Chiku Singh son of Ajit Singh
2. Ranjit Singh son of Brahmdeo Singh
3. Burha Singh son of Manoj Singh All resident of village- Sarebad, P.S. Sono and District Jamui .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-05-2016 Heard learned counsel for the petitioners and learned Special Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with Jamui Scheduled Castes /Scheduled Tribes P. S. Case No. 43 of 2015 for offences alleged under Sections 147, 149, 341, 323, 379, 384, 34 of the Indian Penal Code and Section 3(1)(X) of the SC/ST Act.
The prosecution case as lodged by the informant is that the husband of the informant went for natural call near pond and on return all the accused persons surrounded him and abused him by name of caste and demanded Rs. 10,000/- as Rangdari and told to withdraw the earlier case and they also
Patna High Court Cr.Misc. No.10066 of 2016 (4) dt.17-05-2016 2/3 assaulted her husband after tying hand. On noise, her daughter, brother-in-law came, accused persons also assaulted them and Ajit Singh also abused her and snatched gold earing. It has been submitted by the learned counsel for the petitioners that they have not committed any offence and have been implicated due to village politics and both the parties are on inimical terms bearing Sono P.S. Case No. 108 of 2007 and also land dispute in which father of petitioner no. 1 as Panch had decided against the informant's husband. He further submits that the petitioners have no criminal antecedent and the main accused Ajit Singh has already been taken into custody who has been alleged to have committed the offence and taken caste name. He further submits that the allegations of assault is general and omnibus against them and no case under SC/ST Act is made out against them.
However, the learned APP for the State submits that the petitioners along with the main accused Ajit Singh assaulted the informants side, hence, opposes prayer of bail. Be that as it may, since the main accused is already in custody and the allegations upon the petitioners are general and omnibus, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period
Patna High Court Cr.Misc. No.10066 of 2016 (4) dt.17-05-2016 3/3 of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jamui in connection with Jamui SC/ST P. S. Case No. 43 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Nilu Agrawal, J) ajaypd./- U T