Sunil Rana And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49090 of 2014 Arising Out of PS.Case No. -14 Year- 2014 Thana -SC/ST District- JAMUI ======================================================

1. Sunil Rana son of Bhuwneshwar Rana

2. Sheo Shankar Rana son of Late Madho Rana

3. Ramdeo Rana son of Mauzi Rana

4. Gobind Rana son of Ladu Rana

5. Khublal Rana son of Late Kailash Rana

6. Khayali Rana son of Jagdish Rana .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Jamui S.C.S.T. P.S. Case No. 14 of 2014 registered for the offences punishable under Sections 323, 341, 504, 353, 147, 149 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioners submits that the informant Rohit Das has filed the present case only with the intention of wrecking vengeance on these petitioners who are villagers where Utkramit Middle School is situated. He further submits that the informant Rohit Das had secured appointment in the school on the

basis of a false certificate issued by the Intermediate Council. As soon as the said was discovered, the villagers protested against the same and an enquiry was duly conducted which resulted in the said certificate being found false and, accordingly, action was taken against the informant. It has been submitted on behalf of the petitioners that being annoyed by such action of the villagers, the informant has lodged the First Information Report making false allegations which were found to be true by the Police. So far as the provision of Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is concerned, learned counsel for the petitioners submits that the occurrence took place inside the school rather it is alleged that took place outside the school and there are no independent witness to support the case. Even, the principal and other staff members of the school did not endorse the allegations as made out by the informant.

Considering the aforementioned submissions and the nature of allegations and also the fact that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten

thousand) each with two sureties of the each amount to the satisfaction of the learned A.C.J.M., Jamui in connection with S.C.S.T. P.S. Case No. 14 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T