Jhuni Devi And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39897 of 2014 Arising Out of PS.Case No. -116 Year- 2014 Thana -DELHA District- GAYA ======================================================
1. Jhuni Devi wife of Parmanand Prasad
2. Parmanand Prasad Son of Sarju Prasad, resident of Mohalla- Chotaki Nawadah, Police Station- Delha, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Mr. Ambika Bhagat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-03-2015 Heard the parties.
The two petitioners apprehend their arrest in connection with Delha P.S. Case No. 116 of 2014 registered for offence punishable under Sections 341, 323, 324 and 354 of the Indian Penal Code and Section 3(x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the 'SC/ST Act').
Mr. Sunil Kumar Yadav, learned counsel appearing on behalf of the petitioners with reference to the FIR placed at Annexure-1 has submitted that although the allegation of assault has been made on the petitioner but there is no injury report to support the allegation. He further submits that there is nothing in the allegation for constituting any offence under the SC/ST Act.
Patna High Court Cr.Misc. No.39897 of 2014 (2) dt.13-03-2015 Having heard learned counsel for the parties and taking note of the allegations set out in the FIR, let the petitioners, namely, (1) Jhuni Devi and (2) Parmanand Prasad in the event of their arrest or surrender before the court below within four weeks from today be released on bail upon each one of them individually furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 116 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) S.Sb/- U