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Patna High CourtCR. MISC./44712/2015bail granted

Prahlad Singh v. The State Of Bihar

2015-10-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44712 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ====================================================== Prahlad Singh Son of Sri Rajendra Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 354, 307, 504, 506 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case is that the accused persons assaulted the son of the informant for sitting on front bench of the school when Rekha Kumari, Indrajeet Kumar and Pramod Kumar came to rescue then they were also assaulted and abused by calling caste name when complaint was made to the petitioner being headmaster of the school then he conveyed that the students of the Scheduled Caste cannot sit on front of the bench of the school. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.44712 of 2015 (2) dt.30-10-2015 2/2 since the petitioner was abused and assaulted being headmaster of the school he lodged Ramgarh P.S. Case No.201 of 2015 levelling accusation under sections 341, 342, 323, 353, 379, 427, 504, 506, 147 and 149 of the Indian Penal Code against the informant's side on 21.07.2015 at 14.40 pm thereafter the present FIR was registered on same day at 19.30 pm.

Considering the nature of accusation and the FIR lodged by the petitioner at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Kaimur, Bhabhua in connection with SC/ST (Bhabhua) P.S. Case No.34 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T