Madhu Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49636 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================

1. Madhu Pandey wife of Santosh Kumar Pandey Resident of Village - Dhansarai, P.s Durgawati, District Bhabhua.

2. Jai Prakash Rai Son of Uday Narayan Rai Resident of Village- Kurari P.s Durgawati, District Bhabhua.

3. Usha Devi wife of Ranjeet Yadav Resident of Village- Kurari P.s Durgawati, District Bhabhua.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Petitioner No. 1 being Headmistress and petitioner Nos. 2 and 3 being Assistant Teachers in the School are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 504/34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act.

The prosecution case is that informant came along with Vigilance Secretary, Seema Devi to the school of the petitioners and made complain about assault to his son, who is student of the said school, by the petitioner No. 2 when he was being abused and assaulted by the petitioners. It is submitted by learned counsel for the petitioners that petitioner No. 1 lodged Durgawati P.S. Case No.

Patna High Court Cr.Misc. No.49636 of 2015 (2) dt.05-11-2015 2/2 183 of 2015 against Vigilance Secretary Seema Devi. Seem Devi also lodged a case against petitioner No. 1 and Seema Devi set up the present informant to lodge the present case. It is further submitted that no date of occurrence has been mentioned in the First Information Report when the occurrence took place on 26.08.2015 but the First Information Report was registered on 29.08.2015.

Considering the nature of accusation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua in connection with Bhabhua SC/ST P.S. Case No. 40 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T