Rajendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30391 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana -BIHARSHARIF HARIJAN DistrictNALANDA (BIHARSHARIFF) ====================================================== Rajendra Ram, son of Late Shivan Ram, resident of Village-Rahui Near Masjid, P.S.-Rahui, District-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Baljit Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-07-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 406, 379, 34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that accused persons including the petitioner entered into the house of the informant, abused by calling caste name and when the wife of the informant made protest then all the accused persons abused her and thereafter petitioner dragged the wife of the informant out and locked the house. When the informant came and made protest then this petitioner assaulted the informant with kicks and fists and coaccused Rintu Ram took away silver bangle of the wife of the informant.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.30391 of 2015 (2) dt.30-07-2015 2/2 petitioner that for the occurrence of 15.05.2015 the First Information Report was registered on 08.06.2015. The petitioner also belongs to the Schedule Caste community, hence accusation under SC/ST act is not application. Moreover admittedly the occurrence took place at the house of the informant which can not be treated to be a place of public view when the informant and his wife have not received any injury. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the delayed lodging of the case, petitioner having no criminal antecedent and the petitioner claims to be a member of Schedule Caste community, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with SC/ST P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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