Indradeo Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.3140 of 2015 (2) dt.22-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3140 of 2015 Arising Out of PS.Case No. -80 Year- 2014 Thana -GAYA HARIZAN District- GAYA ======================================================

1. Indradeo Yadav Son of Nanhak Yadav

2. Suman Yadav Son of Indradeo Yadav

3. Gyani Yadav S/O Late Nageshwar Yadav All are Resident of vill-Bara, P.S-Magadh University, Distt.-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kr. Sinha For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The case has been registered under the provisions of S.C./S.T. Act as well as under Sections 341, 323, 504, 506/34 of the Indian Penal Code and except the offences of S.C./S.T. (Prevention of Atrocities) Act, almost all the sections are bailable in nature.

So far as Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act is concerned, prima facie the application of the aforesaid section appears to be doubtful because the dispute took place due to assault on the son of the informant by the petitioners. Moreover, it is pointed out on behalf of the petitioners that on

Patna High Court Cr.Misc. No.3140 of 2015 (2) dt.22-01-2015 04.09.2014, petitioner no. 1 lodged Magadh University P.S. Case No. 60 of 2014 against the informant and others for an occurrence which had taken place on 03.09.2014 and after that the informant lodged the present case on 09.09.2014 in respect of an occurrence which had taken place on 03.09.2014.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Gaya S.C./S.T. P.S. Case No. 80 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T