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Patna High CourtCR. MISC./20332/2016bail granted

Sohrai Pandit And ORS v. The State Of Bihar

2016-05-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20332 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================

1. Sohrai Pandit son of Rohan Pandit

2. Parwati Devi wife of Sohrai Pandit

3. Mukesh Pandit son of Sohrai Pandit

4. Kamlesh Pandit son of Sohrai Pandit .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Prasad, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioners and the special P.P. for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 504, 506, 307/34 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Prosecution case is that in the background of dispute with regard to use of government hand pump the accused persons abused the informant by calling caste name and made assault. It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled. A

Patna High Court Cr.Misc. No.20332 of 2016 (2) dt.11-05-2016 2/2 statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Moreover, the informant has retracted from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-3 to the petition.

Considering the genesis of the occurrence and the retracted version of the informant, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd ACJM, Biharsharif, Nalanda, in connection with SC/ST P.S. Case No.25/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T