Deepak Kumar @ Deepak Sah And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34601 of 2015 Arising Out of PS.Case No. -1708 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Deepak Kumar @ Deepak Sah S/o Rajkishore Sah

2. Diwakar Sah @ Diwakar Kumar S/o Rajkishore Sah

3. Raj Kishore Sah S/o Banshidhar Sah All are R/o Village Chakai Bazar, P.. Chakai, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajendra Das S/o Tej Narayan Das R/o Village Gadi, P.S. Chakai, District Jamui.

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 341,323,504 and 379 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that the complainant went to bicycle repair shop of the accused but he was not allowed to sit on the bench and abused by calling caste name when petitioner nos. 1 and 2 assaulted him with fists and slaps.

Patna High Court Cr.Misc. No.34601 of 2015 (2) dt.02-09-2015 2/2 It is submitted by the learned counsel for the petitioners that the petitioner no. 1 is reporter of Hindustan Hindi daily newspaper and ETV, Bihar and got printed some news against the petroleum dealer Rakesh Ranjit and also lodged Chakai P.S. Case No. 137 of 2012 and as a retaliatory measure he set up the complainant to lodge the present complaint. It is further submitted that for the occurrence of 16.11.2012 at 3 PM the complaint was lodged on 17.11.2012. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the nature of accusation, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Jamui, in connection with Complaint Case No. 1708C of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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