Shri Narayan Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12120 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shri Narayan Prasad Son of Late Ram Kirt Prasad

2. Laxmi Narayan Son of Late Ram Kirt Prasad

3. Shahsi Nandan @ Bittu Kumar Son of Shri Narayan Prasad All residents of Village Bariyara, P.S. Rajepur, District East Champaran.

4. Sogarath Prasad Son of Baidh Nath Mahto Resident of Village Ahiyapur, P.S. Ahiyapur, District Muzaffarpur.

... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HON'BLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2016 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 341, 324, 307, 354 and 504/34 of the Indian Penal Code and Section 3(1)(x) (xi) of the S.C./S.T. (Prevention of Atrocities) Act. It is alleged that when the informant went to the Darwaza of the petitioner to demand his wages, all the petitioners assaulted the informant and abused him by naming his caste and when the wife of the informant came these petitioners also made her naked.

It is submitted that no occurrence as alleged has ever taken place. The present case has been lodged on 08.06.2015

Patna High Court Cr.Misc. No.12120 of 2016 (3) dt.23-06-2016 being Rajepur P.S. Case No. 70 of 2015. Prior to the present case, Shashi Nandan (petitioner no. 3) lodged Rajepur P.S. Case No. 67 of 2015 on 27.05.2015 against the informant and others. One Mamta Devi wife of Sogarath Prasad (petitioner no. 4) lodged a case vide Rajepur P.S. Case no. 65 of 2015 on 27.05.2015 against the informant and others and that is why this case has been lodged on 08.06.2015 only to save their own skin.

Considering the fact that prior to the lodging of the present case, from the side of the petitioners two cases were lodged against the informant and others, the above named petitioners, in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Sub-divisional Judicial Magistrate, Motihari, East Champaran in connection with Rajepur P.S. Case No. 70 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Prabhat Kumar Jha, J) Amin/- U