Shiv Mangal Yadav @Mangal Yadav Andors v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35853 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana -HARIJAN District- PATNA ======================================================

1. Shiv Mangal Yadav @ Mangal Yadav. Son of Mohan Yadav

2. Nunu Yadav, Son of Shyam Narayan Yadav

3. Ram Pravesh Yadav, Son of Deo Nandan Yadav

4. Subhash Yadav, Son of Deo Nandan Yadav All residents of Village- Kanchanpur, Kharagdhpur Tola, Police StationBihla, District- Patna .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 452, 341 and 504 of the Indian Penal Code and 3(1)(x) and (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that accused persons including the petitioners having armed with deadly weapons came at the house of the informant, abused him by calling caste name. On protest being made, he was assaulted. It is claimed that the informant

Patna High Court Cr.Misc. No.35853 of 2015 (2) dt.04-09-2015 2/2 had received fracture injury on the left hand and head and when the brother of the complainant Wakil Paswan came to rescue, he was also assaulted. Subsequently, neighbour of the informant, Niraj Kumar came to rescue, he was also assaulted by the accused persons. All the accused persons also tried to outrage the modesty of the minor girl of the informant. It is submitted by learned counsel for the petitioners that for the occurrence of 08.10.2014 the complaint was filed on 17.10.2014 which came to be registered as police case on 3.11.2014 and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Delayed lodging of the FIR constitutes a ground for consideration of prayer for regular bail, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with SC/ST (Patna) P. S. Case No. 11 of 2014, pending in the court of learned Sub-divisional Judicial Magistrate, Danapur, Patna.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Kanchan/- U T