Amit Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13234 of 2015 Arising Out of PS.Case No. -212 Year- 2013 Thana -MASRAKH District- SARAN ======================================================
1. Amit Prasad
2. Anuj Prasad Both S/o Bunilal Prasad
3. Bunilal Prasad
4. Sanjay Prasad @ Sanjay Kumar Both S/o Jatan Prasad All are Resident of Village Hanumanganj, P.S. Mashrak, District Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Narendra Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2015 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 341, 323, 504, 506, 379/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act. Accusation is of abusing by calling caste name and assaulting the informant, when the informant's wife came to rescue, then petitioners snatched gold Neckless and Nose Pin and threatened to kill him.
It is submitted by the learned counsel for the petitioners that accusation is omnibus and general and
Patna High Court Cr.Misc. No.13234 of 2015 (2) dt.31-03-2015 petitioner no. 4 earlier filed a case against the informant and others hence, maliciously the present case has been lodged. The occurrence took place in the house of the informant which cannot be treated a place of public view.
Considering the aforesaid facts, 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 Judicial Magistrate, Ist Class, Saran at Chapra in connection with Mashrak P.S. Case No. 212 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T