Sidh Nath Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27855 of 2015 Arising out of PS.Case No. -19 Year- 2015 Thana -HASPURA District- AURANGABAD ======================================================

1. Sidh Nath Singh, Son of Late Govind Singh.

2. Sanjay Kumar, Son of Sidh Nath Singh.

3. Vijay Kumar @ Binay Kumar, Son of Sidh Nath Singh. All resident of village - Dumra, P.S. Haspura, District - Aurangabad. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bindeshwar Prasad Singh, Advocate. For the Opposite Party : Mr. Sadanand Paswan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioners are apprehending their arrest in connection with Haspura P.S. Case No. 19 of 2015 for the offences instituted under Sections 341, 323, 379/504 of the IPC and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that when the informant had gone to the shop of Jitendra Kumar and found the shop was closed then she had gone to his house. It is further alleged that the petitioners abused and assaulted the informant and abused by calling caste name when her sons came to save her they were also assaulted by the accused persons and snatched gold

Patna High Court Cr.Misc. No.27855 of 2015 (2) dt.22-07-2015 2/2 chain worth Rs. 20,000/-.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case due to mistake of fact. It is further submitted that the provisions of SC/ST Act is not attracted in the present case as the alleged occurrence is said to have taken place inside the house.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Haspura P.S. Case No. 19/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Daudnagar, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T