Chhotu Yadav @ Jugar @ Gujar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38337 of 2014 Arising Out of PS.Case No. -18 Year- 2014 Thana -SC/ST P.S. District- NAWADA ======================================================
1. Chhotu Yadav @ Jugar @ Gujar Son of Bandhu Yadav
2. Soni Yadav Son of Bandhu Yadav
3. Mundrika Yadav Son of Bandhu Yadav
4. Ajo Yadav Son of Bandhu Yadav
5. Chunu Yadav Son of Bandhu Yadav
6. Heera Devi Wife of Ram Nandan Yadav
7. Meena Devi Wife of Fakira Prasad
8. Manju devi Wife of Mundrika Yadav
9. Chinta Devi Wife of Akalu Yadav
10. Akalu Yadav Son of Bali Yadav All resident of Village- Kena Sarai, P.S.- Mufasil, Dist.- Nawada .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard both sides.
The petitioners, ten in number, apprehend their arrest in a case under different sections of the Indian Penal Code and Section 3(1)(ii)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The informant filed complaint case on 08.10.2013 with regard to the occurrence which took place on 27.09.2013. The complainant made allegation that all the accused persons assaulted and abused the informant and other family members by naming their castes. It is submitted that no occurrence, as alleged,
Patna High Court Cr.Misc. No.38337 of 2014 (3) dt.19-05-2015 2/2 has ever taken place. The complaint petition is filed only after two weeks of the alleged occurrence and this fact itself shows the falsity of the case. No injury report is found in the case diary. The petitioners are the neighbours of the informant. Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rahul Kumar, Judicial Magistrate, 1st Class, Nawada in SC/ST P.S. Nawada Case No. 18/14, arising out of Complaint Case No. 1731/13, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T