Patna High CourtCR. MISC./19453/2015bail granted

Kari Mukhiya v. The State Of Bihar

2015-07-09Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.19453 of 2015 (2) dt.09-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19453 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Kari Mukhiya Son of Late Lakhan Mukhiya Resident of village- Nirpur Bhariya, P.S.- Singhiya, District- Samastipur (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 341,323,379,504/34 of the Indian Penal Code and Section 3(i) (X) ( XIV) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Learned counsel appearing on behalf of the petitioner submits that in the facts and circumstances of the case, no offence under the provisions of Section 3(1) X) (XIV) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act) is made out against the petitioner as the prosecution is malicious and there is no allegation that the occurrence took place in public view.

Patna High Court Cr.Misc. No.19453 of 2015 (2) dt.09-07-2015 In view of the submissions as above, let the above named petitioner in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Rosera, Samastipur in connection with Singhiya P. S. Case No. 08 dof 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U