Birendra Singh @ Birendra Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37800 of 2014 Arising out of PS.Case No. -283 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Birendra Singh @ Birendra Kumar, S/o Yadunandan Singh, R/O Village- Karwa, P.S. Naubadpur, District- Patna, Jamadar, P.S. Harsidhi, District- East Champaran.
2. Ram Pramod Singh, S/o Late Rana Law Singh, Officer in-charge, Harshidhi P.S., District- East Champaran, Resident of Village- Ancha, P.S. Daudnagar, District- Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav Ms. Leelawati Kumari For the Opposite Party/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-03-2015 Heard Mr. Gagandeo Yadav, learned counsel appearing on behalf of the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Complaint Case No.283 of 2013, Tr. No.1273 of 2014 registered for the offences punishable under sections 304 and 420 of the Indian Penal Code and the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). Mr. Yadav, learned counsel appearing for the petitioners submits that initially the complainant had instituted a
Patna High Court Cr.Misc. No.37800 of 2014 (2) dt.27-03-2015 police case arising from Harsidhi P.S. Case No.40 of 2013 on account of accidental death of his son in a road accident. It is stated that when the petitioner no.2 reached the place of occurrence where the dead body of the son of the complainant was lying that he faced a mob who started assaulting the police personnel which result in lodging of Harsidhi P.S. Case No.41 of 2013 against the villagers and the relatives of the complainant.
It is the contention of Mr. Yadav that as a retaliatory measure the complaint case in question has been instituted and the mischief of the complaint is reflected from the fact that even when he has instituted the police case regarding accidental death of his son earlier but he makes no mention about the same rather has charged the petitioners and other police personnels of atrocity when in fact it is pursuant to the police case instituted by the complainant himself that the petitioners with others had gone there for enquiry.
Having heard learned counsel for the parties and taking note of the circumstances existing, let the petitioners, namely, Birendra Singh @ Birendra Kumar and Ram Pramod Singh in the event of their arrest or surrender within four weeks from today be released on bail upon each of them furnishing bail
Patna High Court Cr.Misc. No.37800 of 2014 (2) dt.27-03-2015 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Complaint Case No.283 of 2013, Tr. No.1273 of 2014; subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Jyoti Saran, J) SKPathak/- U T