← Library
Patna High CourtCR. MISC./1568/2015bail granted

Ram Chandra Mahto v. The State Of Bihar

2015-01-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1568 of 2015 Arising Out of PS.Case No. -10 Year- 2014 Thana -HARIZAN District- BEGUSARAI ====================================================== Ram Chandra Mahto, Son of Late Khyali Mahto, Resident of Village - Singhaul, P.S. - Muffassil, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ramshankar Das(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-01-2015 Heard both sides.

The petitioner apprehends his arrest in S.C./S.T. P.S. Case No. 10 of 2014, registered for the offences punishable under Sections 341, 323, 504 and 354 of the Indian Penal Code and Sections 3(i)(x) of the SC/ST Act.

The informant Elisha Bharti alleged that when she went to her school to enquire about her scholarship, Ram Chandra Mahto the petitioner-teacher abused her by naming her caste and also disclosed that school does not belong to the community of her caste.

Learned counsel for the petitioner submits that all the allegations are false and concocted. All the teachers of the school filed a petition before the S.P. that no such occurrence ever took place. The occurrence took place on 29.01.2014, but the FIR was

Patna High Court Cr.Misc. No.1568 of 2015 (2) dt.14-01-2015 lodged on 06.02.2014, i.e. after more than one week of the occurrence.

Considering the facts aforesaid that the petitioner is a teacher and the present case is filed by a student of his own school, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with S.C./S.T. P.S. Case No. 10 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T