Kanhai Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45170 of 2014 Arising Out of PS.Case No. -157 Year- 2014 Thana -BAHADURPUR District- PATNA ====================================================== Kanhai Yadav, Son of Lachan Yadav, resident of village Sandalpur Tola, P.S. Bahadurpur, District Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashutosh Singh For the State : Mr. Ramshankar Das(Spl.P.P For the informant : Mr. Bijendra Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-04-2015 I have heard learned counsel for the petitioner, the State and the informant.
The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 157 of 2014 registered for offences punishable under Sections 504/34 of the Indian Penal Code and 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Learned counsel for the petitioner submits that it has been apparent from the allegation itself that there is dispute with regard to a window which allegedly was opened towards the land of the informant. Allegation is that she was abused by taking caste name etc. when she told the petitioner to close the window. However, it is submitted that the allegation is false and concocted and there is no application of Section 3(x) of the Scheduled
Patna High Court Cr.Misc. No.45170 of 2014 (2) dt.10-04-2015 2/2 Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 inasmuch as there is no allegation that the alleged occurrence took place in public view.
Having regard to the facts and circumstances of the case, let the petitioner, namely, Kanhai Yadav be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Bahadurpur P.S. Case No. 157 of 2014, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patnacity subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Spd/- U T