Awadh Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26376 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Awadh Sah Son of Ramanand Sah,

2. Ramanand Sah Son of Late Dasai Sah, both resident of Village Mahodipur, P.S. Majhouliya, District- West Champaran. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Ambika Bhagat, Spl. APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-07-2016 I have heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for offences punishable under Sections 341, 323, 374, 379, 504, 506, 34 of the Indian Penal Code and 3 (i) (x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is contended that it is evident from the first information report itself that there was a dispute between the informant as well as the petitioners with regard to payment of wages and that is the reason why the petitioners have falsely been implicated in this matter. It is also admitted that the informant was working as driver of the tractor of the petitioners and, thus, it

Patna High Court Cr.Misc. No.26376 of 2016 (2) dt.13-07-2016 2/2 is urged that due to such dispute a false case has been lodged for the purpose of pressurizing the petitioners. It is further stated that it is no where stated that insult by taking caste name was done in public view and though it is alleged in the first information report that the informant was assaulted by rod and fan belt but there is no injury report to support such allegation. Having regard to the facts and circumstances of the case, let petitioners Awadh Sah and Ramanand Sah be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Manjhouliya P.S. Case No. 108 of 2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Spd/- U T