Rampravesh Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7660 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -BANDIYA District- AURANGABAD ======================================================

1. Rampravesh Bind, Son of Jagdish Bind

2. Indal Bind, Son of Rampravesh Bind

3. Sushil Bind, Son of Rampravesh Bind

4. Sudarshan Bind, Son of Rajnandan Bind All resident of Village- Jhikatia, P.S.- Bandeya, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Pandey For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-03-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bandeya Police Station Case No. 45 of 2015, disclosing offences under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3 (i) (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.

Learned Counsel for the petitioners submits that no offence under Section 3 (i) (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act is made out as there is no allegation that the occurrence had taken place within public view. According to him, even as per the

Patna High Court Cr.Misc. No.7660 of 2016 (2) dt.28-03-2016 2/2 First Information Report, occurrence took place near the residence of the petitioners.

Considering the nature of accusation and the submission made on behalf of the petitioners, this application is allowed.

Let the petitioners, namely, Rampravesh Bind, Indal Bind, Sushil Bind and Sudarshan Bind, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Bandeya Police Station Case No. 45 of 2015, subject to the condition 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 be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √