Patna High CourtCR. MISC./21960/2016bail granted

Prem Das And ORS v. State Of Bihar And ANR

2016-05-23Mr. Justice Navaniti Prasad Singh2 pages

Patna High Court Cr.Misc. No.21960 of 2016 (2) dt.23-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21960 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI ======================================================

1. Prem Das

2. Jitendra Das

3. Ranjeet Das All sons of Gango Das, resident of Village- Mansoorchak, P.S.- Mansoorchak, District- Begusarai.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Pramila Devi wife of Vinod Ram, Resident of village- Manshurchak, P.S.- Manshurchak, District- Begusarai.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Surya Narayan Roy, Advocate. For the Opposite Parties : Mr. Ambika Bhagat (Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 23-05-2016 The petitioners apprehend their arrest in relation to Mansoorchak P.S. Case No. 43 of 2015 registered under Sections 341, 323, 379, 504/34 of the Indian Penal Code and 3 (i) (x) SC/ST (Prevention of Atrocities) Act.

The allegation is that the informant was abused by caste name by the accused persons, who then assaulted her with lathi- danda.

The defence of the accused persons is that they are also Schedule Castes and therefore, the provision of the Prevention of Atrocities Act is not applied. It is further submitted that as per informant, accused persons had snatched away her ear-

Patna High Court Cr.Misc. No.21960 of 2016 (2) dt.23-05-2016 ring and beaten her with lathi- danda, Absolutely there is no injury report whatsoever, to support these allegations. The incident never took place. There was an informatory petition filed earlier apprehending false implication.

Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners namely Prem Das, Jitendra Das and Ranjeet Das, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of the like amount each to the satisfaction of Special Judge, SC/ST (Prevention of Atrocities) Act, Begusarai in connection with Mansoorchak P.S. Case No. 43 of 2015, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Amit/Rajiv U T