Bhairo Singh @ Bhairo Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8846 of 2015 Arising Out of PS.Case No. -95 Year- 2014 Thana -GAYA HARIZAN District- GAYA ======================================================

1. Bhairo Singh @ Bhairo Kumar son of Late Ajay Singh

2. Chotu Singh @ Chotu Kumar S/o Rabindra Singh

3. Surendra Singh @ Surendra Sharma S/o Sri Ramnuj Singh @ Ramanuj Sharma

4. Satyendra Singh @ Satyendra Sharma Son of Sri Ramnuj Singh @ Ramanuj Sharma R/o village - Neyajipur, P.S. - Chanduti, Distt. Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate. For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioners apprehend their arrest in Gaya SC/ST P.S. Case No. 95 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Sections 3(i)(x) of the SC/ST Act.

The informant named the petitioners and alleged that while the informant and others were passing through the village for immersion of the idol of Goddess Laxmi, the petitioners abused the informant and others by naming his caste and also assaulted him.

Learned counsel for the petitioners submits that the case

Patna High Court Cr.Misc. No.8846 of 2015 (2) dt.04-03-2015 2/2 is compromised. The informant himself stated that no occurrence as alleged by him has ever taken place. The injuries are simple in nature.

Having considered the facts that petitioners abused the informant by his caste only when he was passing through the village for immersion of idol of Goddess, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

The petitioners are directed to surrender before the court below and the court below shall dispose of the bail petition of the petitioners on the same day, taking into consideration that the case has been compromised and good sense prevailed between the parties.

(Prabhat Kumar Jha, J.) KKSINHA/- U T