Patna High CourtCR. MISC./8307/2015bail granted

Md. Mohid @ Md. Mohiuddin And ORS v. The State Of Bihar

2015-03-03Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.8307 of 2015 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8307 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -HARIZAN District- MUNGER ======================================================

1. Md. Mohid @ Md. Mohiuddin son of Md. Kamruddin.

2. Md. Azharuddin

3. Md. Gore Both are sons of Md. Mohid @Md. Mohiuddin.

4. Md. Jiyauddin

5. Md. Chhote@ Chhoteuddin Both are sons of Md. Fudan All are resident of mohalla- Salempur Suterkhana , Police Station- Munger, Muffassil , District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.03.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Admittedly, except section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act, all sections are bailable in nature. The contention on behalf of the petitioners is that section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act is not applicable in this case because the present case has been lodged with mala fide intention as the daughter of petitioner no.1 was being teased by the informant's son and when petitioner no.1 made complain, informant lodged this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed

Patna High Court Cr.Misc. No.8307 of 2015 (2) dt.03-03-2015 and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Munger in G.R. no. 98/2015 arising out of SC/ST P.S. Case no. 02/2015 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T