Patna High CourtCR. MISC./43952/2015rejected

Chhotu @ Rajdeep Kumar @ Rajbeer And ANR. v. The State Of Bihar

2015-10-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43952 of 2015 Arising Out of PS.Case No. -213 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Chhotu @ Rajdeep Kumar @ Rajbeer

2. Raju Prajapat Both sons of Ramdeo Prajapat, resident of MohallaSahmir Takiya Durga Asthan, Police Station- Civil Lines, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-10-2015 Heard Mr. Pramod Kumar Singh for the petitioners and APP for the State.

The petitioners who are brothers seek anticipatory bail in Civil Lines P.S. Case No. 213 of 2015 registered under section 379/504/34 IPC read with section 3(i) (x) of the SC/ST Act.

The allegation is that the petitioners robbed the informant of his cash and abused by taking name of his caste. It has been submitted that earlier to this there was a complaint lodged by the petitioner(s) against the informant for blocking the flow of drain water. Enraged prosecution party got a criminal case lodged against the petitioners vide annexure-3 under sections

Patna High Court Cr.Misc. No.43952 of 2015 (2) dt.14-10-2015 2/2 379/427/34 IPC read with the penal provisions of SC/ST Act in which they have been released on anticipatory bail. Again the present allegation has been levelled against the petitioners. Considering the background of the case, this Court was inclined to release the petitioners but in view of the provisions contained in SC/SC Act, the prayer is declined. The petitioners should surrender and seek regular bail in the court below. In case they do so, the trial court shall consider their application on its own merit and dispose of the same in accordance with law unprejudiced by the present order. (Kishore Kumar Mandal, J) HR/- U