Patna High CourtCR. MISC./30798/2016disposed

Kalaktar Singh And ORS v. The State Of Bihar

2016-08-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30798 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -SHAHPUR District- BHOJPUR ======================================================

1. Kalaktar Singh Son of Late Hukum Singh

2. Amresh Singh Son of Nandkumar Singh

3. Rahul Kumar @ Rahul Singh Son of Late Arun Singh

4. Arvind Singh Son of Kalaktar Singh

5. Abhishek Singh Son of Alok Singh

6. Anil Singh Son of Kalaktar Singh

7. Munna Singh @ Shobham Singh Son of Pramod Singh

8. Samresh Singh @ Chhotu Singh @ Chhotak Singh Son of Mantu Kumar Singh

9. Surjeet Singh @ Rakesh Singh @ Sobhan Singh Son of Awadhesh Singh

10. Binod Singh Son of Kailash Singh

11. Brijmohan Singh @ Chhotu Singh @ Chhotak Singh Son of Shivjee Singh

12. Ajay Singh Son of Kalaktar Singh All are resident of villageChamarpur, P.S.- Shahpur, District- Bhojpur .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341, 323, 342, 504, 171C of the Indian Penal Code and 3(i)(v) of the SC/ST Act. Prosecution case is that when the informant alongwith his family members were going to cast their vote in Panchayat election, the petitioners pushed the informant by putting a towel around his neck, assaulted the informant and his family

Patna High Court Cr.Misc. No.30798 of 2016 (2) dt.03-08-2016 members when they tried to rescue the informant. It is submitted by the learned counsel for the petitioners that the injury has been found to be simple in nature and the accusation does not constitute any offence under the SC/ST Act. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioners but it is a case for consideration of regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Shahpur P.S.Case No. 114/2016 pending in the court of Addl. Chief Judicial Magistrate XIV, Bhojpur, Ara. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U