Patna High CourtCR. MISC./3418/2015bail granted

Rekha Mukhiya And ORS v. The State Of Bihar

2015-01-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3418 of 2015 Arising Out of PS.Case No. -15 Year- 2014 Thana -SC/ST BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rekha Mukhiya

2. Harendra Mukhiya.

3. Dharmendra Mukhiya.

4. Suresh Mukhiya.

5. Amaresh Mukhiya.

6. Pappu Mukhiya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447, 448, 341, 323, 379, 427 and 504/34 of the Indian Penal Code and Section 3 (I) (X) (XI) of the SC/ST (Prevention of Atrocities) Act. It is alleged that the informant being the neighbour of the petitioners was abused by calling caste name and assaulted by the petitioners and thereafter, the petitioners scattered wheat and rice worth `5,000/- when petitioner no.5 took away silver locket of the informant.

It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled

Patna High Court Cr.Misc. No.3418 of 2015 (2) dt.27-01-2015 2/2 and admittedly, the occurrence took place inside the house of the informant which cannot be treated to be a place of public view. Considering the nature of accusation in the background of land dispute, 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 S.D.J.M., Bagaha, West Champaran in connection with SC/ST (Bagaha) P.S. Case No. 15 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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