Rajendra Kamat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29686 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Rajendra Kamat son of Ram Avtar Kamat

2. Suresh Kumar Kamat son of Upendra Kamat

3. Bikas Kumar Kamat son of Singheshwar Kamat

4. Pradeep Kamat son of Yadunandan Kamat

5. Sanjay Kamat son of Shiv Nandan Kamat.

6. Jitu Kamat son of late Dhushar Kamat All are resident of Village Rauahi, P.S. Andramath District Madhuabani.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sunil Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Andhramath P.S.Case No. 22 of 2014 registered under Sections 147, 148, 149,341, 323, 324, 307, 504, 379 of the IPC and Section 3(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the petitioners submits that the present case is a result of previous enmity between the parties. He further submits that so far as the provisions of Section 3(x) of the SCST Act are concerned, the same is not made out in view of the

Patna High Court Cr.Misc. No.29686 of 2015 (3) dt.07-10-2015 fact that admittedly the occurrence took place in the house of the informant. It is further submitted that the occurrence having not taken place in public place/public view the said section cannot be attracted. So far as the allegations are concerned, he submits that the main allegation is against one Singheshwar Kamat and Santosh Kamat who are not amongst these petitioners.

Considering the aforementioned facts and circumstances and that the petitioners have no criminal antecedent, let these petitioners, above named, in the event of their arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Andhramath P.S.Case No. 22 of 2014, corresponding to G.R.No. 711 of 2014, to the satisfaction of Sri D.K.Tiwari, Judicial Magistrate, 1st Class, Jhanjharpur, District Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) spal/- U