Patna High CourtCR. MISC./47532/2014bail granted

Shambhu Sah And ORS v. The State Of Bihar

2015-06-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47532 of 2014 Arising Out of PS.Case No. -27 Year- 2014 Thana -SC/ST District- SAHARSA ======================================================

1. Shambhu Sah Son of Bechan Sah

2. Prabhu Sah, Son of Bechan Sah

3. Bechan Sah, son of Late Ragho Sah

4. Dilip Sah, son of Lakhan Sah

5. Kamal Kishore Sah, son of Lakshmi Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 420/467/468/341/323/504/506/34 of the Indian Penal Code and section 3(1) (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecutions case is that the petitioners got the land of the informant transferred through a sale deed in favour of the petitioners Shambhu Sah and Prabhu Sah by taking the informant to provide her benefit under the Indira Awas Scheme. Subsequently, a 'panchayati' was organized where the petitioners admitted their guilt but they insulted the informant by calling her

Patna High Court Cr.Misc. No.47532 of 2014 (3) dt.22-06-2015 2/2 caste name.

It is submitted by learned counsel for the petitioners that for the sale deed of 27.06.2014, the complaint was filed on 20.08.2014, which came to be registered as P.S. Case on 01.09.2014.

Considering the delayed lodging of the case and the fact that the sale deed, in question, has not been challenged in any appropriate proceeding and a statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let they be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saharsa in connection with Saharsa SC/ST P.S. Case No.27 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T