Dharm Pal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20949 of 2015 Arising Out of PS.Case No. -149 Year- 2014 Thana -LADANIA District- MADHUBANI ======================================================

1. Dharm Pal.

2. Deo Nath Pal.

3. Sanjay Pal. All are sons of Late Ajab Pal.

4. Mala Devi. W/o Dharm Pal.

5. Dulari Devi. W/o Late Ajab Pal.

6. Rajo Devi. W/o Sanjay Pal. All are resident of village - Padma, P.S.- Ladniya, District - Madhubani.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Gopal Jha For the Opposite Party : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 342, 354, 379, 34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that the accused persons put the bundle of grass on the rahar plant of the informant which was objected by the informant when petitioner Nos. 1 and 2 abused the informant by calling caste name and all the accused assaulted with fists and slaps. It is alleged against petitioner Nos. 2 and 3 that they outraged the modesty of the informant and after few days of the occurrence they also outraged the modesty of the daughter of the informant. Co-accused Dharam Pal and Ajay Pal snatched nose pin and silver chain of the

Patna High Court Cr.Misc. No.20949 of 2015 (2) dt.25-06-2015 2/2 informant.

It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled. Moreover there is no specific accusation against petitioner Nos. 4, 5 and 6 who are ladies.

It is submitted by learned counsel for the informant that after investigation the charge-sheet has been submitted under Section 354 of the I.P.C and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act.

Considering the aforesaid facts, this Court is not inclined to grant anticipatory bail to the petitioner Nos. 1, 2 and 3 namely Dharm Pal, Deo Nath Pal and Sanjay Pal. The prayer for anticipatory bail on their behalf stands rejected. So far as petitioner Nos. 4, 5 and 6 are concerned, since there is no specific accusation against them and they are lady, let the petitioner Nos. 4, 5, 6 namely, Mala Devi, Dulari Devi and Rajo Devi, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Ladniya P.S. Case No. 149 of 2014, G.R. No. 3241 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T