Chhotan Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53007 of 2015 Arising out of PS. Case No. -75 Year- 2014 Thana -TARARI District- BHOJPUR ======================================================
1. Chhotan Kumar Singh
2. Pokan Singh @ Mithlesh Singh Both sons of Gajar Singh @ Keshwar Singh
3. Chintu Singh
4. Sonu Singh Both sons of Gorakh singh @ Gorakh Nath Singh All residents of village-Tarari, P.S. Tarari, District-Bhojpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-12-2015 Heard the parties.
The petitioners apprehend their arrest in connection with Tarari P.S. Case No. 75 of 2014 for the offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and Section (X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the 'SC/ST Act').
Mr. Sudama Singh, learned counsel for the petitioners with reference to the FIR instituted against the petitioners as well as the FIR instituted against the informant of the present case placed at Annexure-2 submits that there are
Patna High Court Cr.Misc. No.53007 of 2015 (2) dt.17-12-2015 litigations in between the parties and the case in hand is fall out of the dispute. He further submits that whereas the allegations under the Indian Penal Code are concocted, the allegation made out under the 'SC/ST Act' is, in a generalized manner and without pinpointing as to who has abused the informant with the offensive language.
Having heard learned counsel for the parties and considering the nature of allegations set out in the complaint, let the petitioners, namely, (1) Chhotan Kumar Singh; (2) Pokan Singh @ Mithilesh Singh; (3) Chintu Singh; and (4) Sonu Singh in the event of their arrest or surrender within four weeks from today be released on bail upon each of them furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Bhojpur, Ara and/or the court concerned in connection with Tarari P.S. Case No. 75 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) S.Sb/- U T