Vikash Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.48396 of 2015 (2) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48396 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -SC SC PS District- VAISHALI(HAJIPUR) ======================================================

1. Vikash Rai

2. Prakash Rai Both son of Lalbabu Rai Both resident of VillageRasulpur Fatah(Ps. Goraul O.P Kathara) District Vaishali. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rajeev Ranjan Sinha, Advocate For the Opposite Party : Mr. Ambika Bhagat, Spl App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with SC/ST (Hajipur) P.S. Case No. 19 of 2015 for the offences instituted under Sections 147, 149, 447, 323, 354 and 504 of the IPC and Section 3(i)(XI) SC/ST Act.

As per the prosecution case that the complainant is a lady and belongs to schedule caste community and the petitioners being the neighbourers arrived at the house of complainant, dragged her and badly assaulted her and abused her by calling her caste name. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. There was dispute in

Patna High Court Cr.Misc. No.48396 of 2015 (2) dt.04-02-2016 respect to petty issues which led to the prosecution case. Subsequently, the parties have entered into compromise vide Annexure-2 to the present application. Other co-accused persons have been granted anticipatory bail by the court below. 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 SC/ST (Hajipur) P.S. Case No. 19 of 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 ACJM, Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Brajesh Kr./- U T