Bijay Kumar Kushwaha And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36374 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -SABAUR District- BHAGALPUR ======================================================

1. Bijay Kumar Kushwaha, Son of Neem Charan Singh alias Nim Waran Singh

2. Hari Kishore Singh, Son of Dinesh Singh @ Dinesh Mandal

3. Sikandar Yadav Son of Jagdish Yadav All residents of village Swaroopchak, P.S.- Goradih, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 379, 354, 504, l506 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

It is alleged that for taking water accused Champa Devi and Kiran Devi assaulted the informant with fists and slaps. When daughter of the informant came to rescue then she was also assaulted by co-accused Kamal Kishore Sah. Thereafter informant and her daughter escape from the scene and informed her husband. The accused persons came to the house of informant abused

Patna High Court Cr.Misc. No.36374 of 2015 (2) dt.08-09-2015 her by calling caste name and assaulted the other family members. It is further alleged that co-accused kuldip Sao snatched ornaments from the informant.

It is submitted by the learned counsel for the petitioners that for the occurrence of 09.02.2015 the First Information Report was registered on 21.02.2015. Accusation of assault or act of abusing is not specific against these petitioners. Though injury has been found superficial and simple in nature. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Considering the delayed lodging of the First Information Report and accusation being specific against coaccused, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Md. Salim, Judicial Magistrate, Ist Class, Bhagalpur in connection with Sabour (Goradih) P.S. Case No. 31 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T