Karamlal Mehta And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41555 of 2016 Arising Out of PS.Case No. -1057 Year- 2014 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ======================================================
1. Karamlal Mehta,
2. Anantlal Mehta, Both sons of Late Tarni Mehta, resident of Village- Itwa P.S.- Gamhariya, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shankar Ram Son of Ganesh Ram resident of Village- Itwa, Ward No. 3, P.S.- Gamhariya, District- Madhepura.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 241/323/379/504/506/34 of the Indian Penal Code and Section 3(i)(x) of the S.C./S.T. (P.A.) Act.
Learned counsel for the petitioners submits that no case under S.C./S.T. (P.A.) Act can be made out as admittedly there are no independent witnesses to the occurrence. He further submits that earlier the final form had been submitted leaving out the name of the petitioner, but subsequently, on a protest petition, the cognizance of the offence has been taken as also against the present petitioner and in view of the said fact, the petitioners are
Patna High Court Cr.Misc. No.41555 of 2016 (2) dt.24-10-2016 2/2 apprehending their arrest.
Having heard learned counsel for the petitioners and learned counsel appearing on behalf of the State and on consideration of all facts and circumstances of the case including the fact that the informant had earlier lodge a case against the petitioners having similar allegations under the S.C./S.T. (P.A.) Act, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Madhepura, in connection with Complaint Case No. 1057/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T