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Patna High CourtCR. MISC./31180/2016bail granted

Kapal Rai And ORS v. The State Of Bihar

2016-08-09Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31180 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -SC/ST District- SHEOHAR ======================================================

1. Kapal Rai, Son of Late Saryug Rai

2. Mahendra Rai, Son of Late Saryug Rai

3. Nawal Kishore Rai, Son of Sri Mahendra Rai

4. Santu Rai, Son of Sri Mahendra Rai.

All are Residents of village- Araji Chhatauni, P.S.- Tariyani, DistrictSheohar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Sri Ram Shankar Das, Spl. P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-08-2016 Heard parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and Section 3 (i) (x) of SC/ST Act.

It is contended that, from the allegation set out in the First Information Report, it appears that altercation took place due to some petty dispute and addition of allegation regarding abuse by taking caste name is merely ornamental in nature. It is further contended that it is nowhere stated that it was in public view and any other person has seen the occurrence.

Patna High Court Cr.Misc. No.31180 of 2016 (2) dt.09-08-2016 2/2 Having regard to the facts and circumstances of the case, let the petitioners, namely, Kapal Rai, Mahendra Rai, Nawal Kishore Rai and Santu Rai be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Sheohar SC/ST P.S. Case No.35/2015, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sheohar subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T