Patna High CourtCR. MISC./19441/2016bail granted

Arvind Kumar v. The State Of Bihar

2016-05-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19441 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -MASAURHI District- PATNA =====================================

1. Arvind Kumar, S/o Sri Shyama Ram, R/o VillageKailuchak, P.S.-Masaurhi, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ansul, Adv. For the Opposite Party/s : Mr. Ram Shankar Das (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Masaurhi P.S. Case No.3 of 2016, disclosing offences under Sections 341, 323, 354, 379 and 504 of the Indian Penal Code and Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioner has submitted that no offence, under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

Patna High Court Cr.Misc. No.19441 of 2016 (2) dt.19-05-2016 2/2 is made out against the petitioner, there being no allegation that the occurrence had taken place within public view. It has further been submitted that a false case has been instituted because of dispute between the parties over drainage of water, they being neighbours. Considering the nature of accusation and the submission advance on behalf of the petitioner, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Masaurhi, in connection with Masaurhi P.S. Case No.03 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Praveen-II/- (Chakradhari Sharan Singh, J.) U T