Patna High CourtCR. MISC./2882/2015bail granted

Allauddin Mian And ORS v. The State Of Bihar

2015-05-19Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.2882 of 2015 (3) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2882 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Allauddin Mian

2. Mauladdi Mian @ Mauladdin Hawari both S/o Khalil Mian

3. Fajalu Mian @ Fajalu Hawari

4. Azalu Mian

5. Ibrahim Mian all s/o Mauladdin Mian @ Mauladdin Hawari r/o vill Shakara Bahuwari P.S. Ramgarhwa Dist. E. Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sadanand Paswan (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2015 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor appearing on behalf of the State.

This is an application seeking anticipatory bail in a case registered for the offences punishable under Section 341,323,504,506 of the Indian Penal Code and 3(1) (X) of the Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act.

It is submitted on behalf of the petitioners that even as per the prosecution case, the alleged occurrence had not taken place in public view and therefore, no offence under Section 3(1)

Patna High Court Cr.Misc. No.2882 of 2015 (3) dt.19-05-2015 (x) of the Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act is made out. He further submits that some scuffle took place because of petty dispute among the children of the two families and the petitioners have got no criminal antecedent. In view of the submissions as above, let petitioners above named in the event of their arrest/surrender within four weeks from today in the Court below be released 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 Sub Divisional Judicial Magistrate, Raxual at Motihari East Champaran in Ramgarhwa P.S. Case No. 38 of 2014 ( G.R. No. 167 of 2014), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U