Patna High CourtCR. MISC./24183/2016disposed

Surendra Sao And ORS v. The State Of Bihar

2016-05-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24183 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -AGAMKUAN District- PATNA ======================================================

1. Surendra Sao son of late Rajendra Prasad

2. Dilip Sao son of Surendra Sao.

3. Shankar Kumar son of Surendra Sao.

4. Anil Sao son of late Rajendra Prasad.

5. Nitish Kumar son of Anil Sao .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prafull Chandra Jha, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 325, 354 and 307/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. The prosecution case is that on 06.02.2016 at about 4 PM the informant was standing near her house on road in the meantime petitioners and other accused persons came and abused her by calling caste name and also assaulted the informant causing injury on her head and when the daughter of the informant Arti Kumari came to rescue then she was also assaulted by the accused persons.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.24183 of 2016 (2) dt.31-05-2016 2/2 the accusation is omnibus and general. The FIR was registered on 06.02.2015 which reached to the court of learned CJM on 09.02.2016 which suggests that by antedating the FIR has been registered.

Considering the nature of accusation, it is a case for consideration of regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Agamkuan P.S. Case No. 53 of 2016 pending in the court of learned ACJM, Patna City. Accordingly, the application is disposed of.

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