Kameshwar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.22595 of 2017 (11) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22595 of 2017 Arising Out of PS.Case No. -42 Year- 2015 Thana -SC/ST District- BHABHUA (KAIMUR) ====================================================== Kameshwar Singh, son of Awadh Narayan Singh, Resident of VillageBajrkona, P.S.- Kudra, District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhabua S.C./S.T. P.S. Case No. 42 of 2015, registered under Sections 341, 323, 325, 504, 506 and 109/34 of the Indian Penal Code and Section 3(i)(x)(xi) of the Schedule Caste and Schedule Tribe Act.

The accusation is that, on 04.09.2015, son of the informant, Sonu Kumar was grazing buffalo. At that time, villager Amit Kumar Singh started to cause assault to Sonu Kumar, son of the informant, for damaging his pipe. When the informant and others came to save him then they were also assaulted and abused denoting his caste name.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.22595 of 2017 (11) dt.20-07-2017 petitioner is the father of co-accused, Amit Kumar Singh, who is said to cause assault to the son of the informant. It is further submitted that co-accused, Amit Kumar Singh, son of the petitioner, has already been granted privilege of bail by this Court vide order dated 11.02.2016 passed in Criminal Misc. No. 6534 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Bhabhua, Kaimur, in connection with Bhabua S.C./S.T. P.S. Case No. 42 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T