Patna High CourtCR. MISC./2516/2016bail granted

Rahul Singh And ANR. v. The State Of Bihar

2016-05-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2516 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================

1. Rahul Singh

2. Bishal Singh Sons of Chandrabhan Singh resident of village - Kathej, P.S. - Mohania, District - Kaimur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of SC/ST Bhabua P.S. Case No. 49 of 2015, disclosing offences under Sections 447,341,504,506/34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the petitioners has submitted that addition of Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is mere superimposition. He submits that the First Information Report came to be lodged because of some petty dispute between the parties which has since

been resolved.

Considering the above submissions, this application is allowed. Let the petitioners in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua ( Kaimur) in SC/ST Bhabua P.S. Case No. 49 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall b e liable to the cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U