Patna High CourtCR. MISC./27197/2016bail granted

Ram Prasad Mahato And ORS v. The State Of Bihar

2016-07-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27197 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -HARIJAN THANA District- SAMASTIPUR ======================================================

1. Ram Prasad Mahato S/o Late Kari Mahato

2. Binod Kumar Mahato @ Ram Binod Singh

3. Pramod Kumar Mahato Both Sons of Ram Prasad Mahato All are resident of Village- Mohanpur,P.S. Bibhutipur,Dist.Samastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 361, 323, 379, 504 and 506/34 of the Indian Penal Code and Section 3 (i) (x) of the Scheduled Cates and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the petitioners is that they came, abused and assaulted informant. They also snatched a Chakati worth Rs.10,000/- from him.

It is submitted on behalf of the petitioners that they have falsely been implicated in the present case. The present case has been instituted at the instance of one Ajit Kumar Ajeet. The informant happens to be working as a labourer under the said Ajit Kumar Ajeet. Prior to the institution of this case, Ajit Kumar Ajeet had instituted a case against the petitioners with similar allegation in which petitioners have been granted anticipatory bail. As far as the provisions of SC and ST Act is concerned, same is not attracted as the alleged occurrence has not taken place in public view.

Patna High Court Cr.Misc. No.27197 of 2016 (2) dt.12-07-2016 2/2 On behalf of the State, it is submitted that petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Rosera , Samastipur, in connection with SC/ST P.S. Case no. 11 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T