Devendra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42674 of 2015 Arising Out of PS.Case No. -175 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================
1. Devendra Rai Son of Late Dewaki Rai
2. Balindra Rai Son of Late Dewaki Rai
3. Arbind Kumar Son of Devendra Rai
4. Narayan Kumar Rai @ Narayan Rai Son of Ayodhya Rai
5. Rama Devi Wife of Devendra Rai
6. Satya Narayan Rai Son of Late Dhanraj Rai
7. Amarnath Rai Son of Inner Rai All residents of Village - Majhauli, P.S. - Vaishali (Belsar O.P.), District - Vaishali at Hajipur (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149,341,323,379,504 and 506 of the Indian Penal Code section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
The prosecution case is that the informant being a SAP constable was abused by calling caste name and
Patna High Court Cr.Misc. No.42674 of 2015 (3) dt.29-10-2015 2/3 petitioner no. 2 snatched his wrist watch worth rupees two thousand and petitioner no. 1 snatched five hundred rupees cash from the informant.
It is submitted by the learned counsel for the petitioners that the police jeep dashed a lady on 30.5.2015 for which the villagers demanded compensation from Belsar O.P. Incharge hence as a retaliatory measure the informant has been set up for lodging the present case when the accusation is omnibus and general. Statement has been made in paragraph 3 of the petition that the petitioner nos. 2 to 7 have no criminal antecedent whereas petitioner no. 1 is accused in one case apart from the present one. Considering the nature of accusation and the fact that the villagers made protest for dashing a lady just prior to the lodging of the present case, 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 CJM, Vaishali at Hajipur in connection with Vaishali (Belsar OP) P.S.
Patna High Court Cr.Misc. No.42674 of 2015 (3) dt.29-10-2015 3/3 Case No.175 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T