Sunaiya @ Sunaina And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.50151 of 2015 (2) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50151 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -DHIBRA District- AURANGABAD ======================================================

1. Sunaiya @ Sunaina wife of Upendra Singh

2. Pawan Singh Son of Upendra Singh

3. Lalindra Singh Son of Late Jaiswar Singh All are residents of Village : - Tetrain, P.S. : - Dhibra, District : - Aurangabad (Bihar).

4. Rajendra Singh Son of Late Dholi Singh, Resident of Village : - Khaira, P.S. : - Dhibra, District : - Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mrigendra Kumar, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504, 427, 379, 307/34 of the Indian Penal Code and Sections 3 (i) (v) (x) (xi) of the SC/ST (Prevention of Atrocities) Act registered in connection with Dhibra P.S. Case No. 13 of 2015.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute between the parties. The accusations under SC/ST Act are not made out, the alleged occurrence not having been transpired in public view. There is no medical document to corroborate the accusation of assault and the other penal sections are

Patna High Court Cr.Misc. No.50151 of 2015 (2) dt.05-11-2015 ornamental in nature.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Aurangabad, in connection with Dhibra P.S. Case No. 13 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Md. Ibrarul/- U T