Kamta Mistri @ Kamta Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20857 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -KASMA District- AURANGABAD ======================================================

1. Kamta Mistri @ Kamta Sharma son of Late Sheochand Sharma, resident of village- Gajee Karma, P.S.- Kasma, District- Aurangabad

2. Dhananjay Sharma son of Kamta Sharma, resident of village- Gajee Karma, P.S.- Kasma, District- Aurangabad

3. Vijay Yadav, son of Late Raju Yadav, resident of village- Gajee Karma, P.S.- Kasma, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 143/341/323/506 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 entire case is false and frivolous and that no case under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out as admittedly the occurrence

Patna High Court Cr.Misc. No.20857 of 2016 (2) dt.05-08-2016 P2/2 took place at her doorstep and there is no independent witness to support the case. So far as other allegations of the Indian Penal Code are concerned, the allegation is of attacking with fists and slaps.

In view of the facts and circumstances and that no case under SC/ST Act is made out 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 four weeks from the date of receipt/production of a copy of this order, be enlarged 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 the learned Judicial Magistrate, 1st Class, Aurangabad in connection with Kasma P.S. Case No. 12 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T