Teju Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47763 of 2014 Arising Out of PS.Case No. -185 Year- 2014 Thana -NAWANGAR District- BUXAR ======================================================

1. Teju Mahto S/o Late Nagina Mahto

2. Sri Ram Mahto S/o Late Seeta Ram Mahto

3. Purnima Devi W/o Sri Ram Mahto All are residents of Village - Nawanagar, P.S. - Nawanagar, District - Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlendu Shekher Thakur, Adv. For the Opposite Party/s : Mr. Ambika Bhagat(SPL.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-04-2015 Heard learned counsel for the petitioners as well as learned APP for the State.

Informant had alleged against the petitioners who had gone to his place to dispossess him from Khesra No. 1392 and during course thereof, abused him with his caste name as well as also assaulted him with Lathi.

From Annexure-2 C.C. of Khatian, it is evident that it happens to be recorded in the name of Ram Dayal Mahto, Sita Ram, Jai Ram, Raja Ram, Ramjag Mahto out of whom Sita Ram Mahto happens to be the father of Sri Ram Mahto, petitioner no.2 wherein apart from others, Khesra No. 1392 also stood area of two decimals with Sahan and in the aforesaid background, the assertion and allegation rules out the applicability of Section 3(i)

Patna High Court Cr.Misc. No.47763 of 2014 (3) dt.15-04-2015 (x) or (v) of SC ST (PA) Act.

Consequent thereupon, petitioners, namely, Teju Mahato, Sri Ram Mahato and Purnima Devi, in the event of their arrest/surrender within four weeks, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Nawanagar PS Case No. 185/2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Aditya Kumar Trivedi, J) perwez U T