Sakal Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16078 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -SC/ST District- SITAMARHI ======================================================

1. Sakal Rai Son of Raj Nandan Rai

2. Raj Nandan Rai son of Late Daresh Rai Both R/o village- Fatehpur Girnasini, P.S. & District- Sitamarhi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Ashok Kumar Jha, Advocate.

For the Opposite Party : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2015 Heard both sides.

The petitioners apprehend their arrest in SC/ST (Sitamarhi) P.S. Case No. 41 of 2014, registered for the offences punishable under Sections 354, 379 and other Sections of the Indian Penal Code and under Sections 3(i)(xi) of the SC/ST (Prevention of Atrocities) Act.

The informant alleged that her husband went to complain about the bamboos which were fallen on their roof, the accused persons assaulted her husband and abused her and her family members by naming her caste.

It is submitted that the police did not find the case true under Sections 354 and 379 of the Indian Penal Code. The occurrence took place due to land dispute. The land of the

Patna High Court Cr.Misc. No.16078 of 2015 (3) dt.01-07-2015 2/2 petitioners is situated just by the side of the house of the informant.

Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the 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 Chief Judicial Magistrate, Sitamarhi in SC/ST (Sitamarhi) P.S. Case No. 41 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T