Manoj Mallah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26788 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Manoj Mallah S/o Dural Chand Mallah

2. Umesh Mallah S/o Dural Chand Mallah

3. Jogadi Mallah S/o Dural Chand Mallah All are resident of village - Shiya Pokhar, P.S. Mohania, District - Kaimur ( Bhabhua ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Ramgarh P. S. Case No. 65 of 2016 registered for the offences under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(1), (x), (xi) of the SC/ST Act.

The petitioners are by caste of Mallah and the allegation has been made with respect to the members of the Scheduled caste.

In the F.I.R., it has been alleged that informant's Bhabhi had gone to the river for washing the cloth whereupon

Patna High Court Cr.Misc. No.26788 of 2016 (2) dt.01-07-2016 2/2 the accused persons started abusing by her caste name and also assaulted her.

In the present case, Section SC/ST will not be applicable as the Mallah themselves are belonging to the Scheduled Castes and rest are the bailable section. In such view of the matter, let the petitioners, named above, in the event of their arrest or surrender within four weeks from today be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Ramgarh P.S. Case No. 65 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) ajaypd./- U T