Shankar Soni And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 28327 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -SC/ST BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Shankar Soni son of Late Jaleshwar Soni
2. Munna Soni son of Shankar Soni Both are residents of Mohalla - Purani Bazar Ramnagar, Police Station - Ramnagar, District - West Champaran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Sri Ambika Bhagat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
26-07-2016 Heard Sri Sanjay Kumar No. 7, learned counsel for petitioners and Sri Ambika Bhagat, learned Addl. Public Prosecutor.
Two petitioners, who are father & son respectively have approached this Court apprehending their arrest in Bagaha SC/ST P.S. Case No. 01 of 2016 registered for the offence under Sections 341, 323, 379, 504 & 34 of the Indian Penal Code and Section 3(i)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act"), have prayed for grant of anticipatory bail. At the very outset, it was submitted by learned counsel for petitioners that ofcourse, in the F.I.R., an allegation
Patna High Court Cr.Misc. No.28327 of 2016 (2) dt.26-07-2016 2/3 has been made to show commission of offence under the provision of SC/ST Act, but on perusal of F.I.R., it appears that said allegation was only ornamental and it has been made with a view to restrain the petitioner from obtaining anticipatory bail. He submits that in the F.I.R. itself, it was alleged that date of occurrence was 15-01-2016, whereas, F.I.R. was lodged on 27-01-2016. He submits that subsequently after the occurrence, since the informant was a tailor master, dispute in between the parties has been settled outside the court and compromise petition has also been filed. On aforesaid ground, a prayer has been made for granting anticipatory bail.
Sri Ambika Bhagat, learned Addl. Public Prosecutor has opposed the prayer for bail.
However, after hearing the parties and considering the facts and circumstances, particularly the fact that F.I.R. was lodged much belatedly and allegation appears to be not probable, the Court is inclined to extend the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let both the petitioners namely Shankar Soni and Munna Soni be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional
Patna High Court Cr.Misc. No.28327 of 2016 (2) dt.26-07-2016 3/3 Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha SC/ST P.S. Case No. 01 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T