Patna High CourtCR. MISC./23096/2015disposed

Baijnath Mandal @ Baijnath Chaupal And ORS v. The State Of Bihar

2015-07-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23096 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -BHEJA District- MADHUBANI ======================================================

1. Baijnath Mandal @ Baijnath Chaupal, Son of Jugat Mandal @ Yugut Chaupal

2. Santosh Mahto @ Santosh Kumar Mahto Son of Ram Sahankar Mahto

3. Ranjeet Kumar Thakur @ Ranjeet Thakur Son of Lal Thakur

4. Ramesh Kumar Singh @ Lakhan Mahto all Resident of VillageBhagata, P.S.-Bheja, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,504 and 506/34 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

It is alleged that co accused Lakhan Mahto caught hold of the son of the informant and threatened him to kill whereas petitioner nos. 1 to 3 assaulted the son of the informant. It is also alleged that the accused persons abused the informant by calling the caste name.

Patna High Court Cr.Misc. No.23096 of 2015 (3) dt.29-07-2015 2/2 It is submitted by the learned counsel for the petitioners that petitioner no. 1 also belongs to scheduled caste community. The accusation of assault is omnibus and general when one lacerated wound of marginal size has been found on skull and one abrasion on the right forearm. It is further submitted that for the occurrence of 6.5.2014 at 1 P.M. the FIR has been registered on 7.5.2014 at 12.30 P.M.

Considering the nature of accusation, in view of this court it is a case for consider the prayer for regular bail of the petitioners in case the petitioners surrender within six weeks from today in connection with Bheja P.S. Case No. 30 of 2014 pending in the court of learned J.M. Ist Class, Jhanjharpur. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T