Dinanath Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38087 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dinanath Sah son of Late Asarfi Sah

2. Rajan Kumar alias Rajan Kumar Gupta son of Dinanath Sah

3. Bulet Prasad Nag alias Bullet Prasad Nath son of Sohil Prasad Nath

4. Surendra Sah son of Shiv Sah

5. Nathuni Bin son of Late Buni Bin

6. Dinesh Sah son of Badila Sah All are of resident of Village- Jura Pakari, Police Station- Ram Nagar, District- West Champaran (Bettiah).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 352/323/324/504/506/379/34 of the Indian Penal Code and Section (3)(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submits that no case under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are made out as the occurrence took place at the shop of the petitioner and not at a

Patna High Court Cr.Misc. No.38087 of 2016 (2) dt.06-10-2016 P2/2 public place. Moreover, there is no independent witness to support the occurrence. So far as the other sections are concerned, learned counsel for the petitioner submits that the allegation is of having assaulted with slaps and fists and not otherwise. Considering the nature of allegations and also that the parties have resolved their dispute, let the petitioner abovenamed, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha, West Champaran (Bettiah) in connection with Ramnagar P.S. Case No. 31 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T