Patna High CourtCR. MISC./51471/2014bail granted

Deodhari Yadav And ORS. v. The State Of Bihar

2015-05-07Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.51471 of 2014 (2) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51471 of 2014 Arising Out of PS.Case No. -96 Year- 2013 Thana -FATEHPUR District- GAYA ======================================================

1. Deodhari Yadav S/o Late Bhola Yadav

2. Rajendra Yadav

3. Chandeshwar Yadav

4. Tarun Yadav

5. Ravindra Yadav All S/o Deodhari Yadav Resident of Village Bisar, Police Station Mofassil, District Gaya. Permanent Resident of Village Tetaria Pargana Maher, Police Station Fatehpur, District 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. S.D.Singh Yadav(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-05-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 147,148,149,341,447,427,504 and 506 of the Indian Penal Code and Section 3(i) (v) (x) (xi) of the Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act.

Learned counsel for the petitioners submitted that police after completion of investigation have submitted charge-sheet under Section 504/34 of the Indian Penal Code and Section 3(i) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)

Patna High Court Cr.Misc. No.51471 of 2014 (2) dt.07-05-2015 Act.

Referring to the First Information Report, learned counsel for the petitioners has submitted that no offence under Section 3(i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out as there is no allegation that the occurrence took place in public view, rather the occurrence allegedly, took place on the land which belonged to the informant. In view of the submission as above, let petitioners above named in the event of their arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P.K. Jha, Judicial Magistrate, Ist Class, Gaya in Fatehpur P.S. Case No. 96 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U