Bindu Koiery v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29623 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ======================================================

1. Bindu Koiery son of Late Kalpu Koiery, Resident of Village - Dih Bhujaina, P.S.- Chainpur, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-10-2015 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 341/323/325 and 504 of the Indian Penal Code and Section 3(1)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submits that admittedly both the informant and the petitioner are living next to each other and the occurrence took place near the house of the informant and which is close to that of the petitioner. He further submits that no case against the petitioner is made out under the provisions of Section 3(1)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other allegations made

Patna High Court Cr.Misc. No.29623 of 2015 (3) dt.06-10-2015 P2/2 against him are purely ornamental in nature.

Considering the facts and circumstances that the incidence did not occur at a public place or in a public view and that other allegations are minor, let the petitioner abovenamed, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with SC/ST (Bhabhua) P.S. Case No. 16 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T