Diljan @ Diljan Ali And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15074 of 2016 Arising Out of PS.Case No. -278 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================

1. Diljan @ Diljan Ali, S/o of Nasaruddin

2. Ashique Ali, S/o Moinuddin Gaddi

3. Reyaz Ali @ Reyaj Gaddi, S/.o Khursai Ali @ Md. Khushhal

4. Aliraja, S/o Jageshwar Ali All are resident of village- Harpur, Tola- Chhatish, P.S.- Barhariya, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 448, 341, 323, 325, 354, 427, 302, 504, 506 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

The prosecution case is that on 21.08.2015 the First Information Report named accused persons including the petitioners started outraging the modesty of the informant's side and started abusing by their caste name.

In the meantime accused persons started assaulting Chandrika Ram, who succumbed to the injury.

Patna High Court Cr.Misc. No.15074 of 2016 (2) dt.12-04-2016 It is submitted by the learned counsel for the petitioners that for the occurrence of 21.08.2015 the First Information Report was registered on 23.08.2015 after the death of the victim. The post-mortem reflects no external injury. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Considering the fact that accusation is not being corroborated by the medical opinion, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Barhariya P.S. Case No. 278 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T