Munilal Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47026 of 2015 Arising Out of PS. Case No. -126 Year- 2015 Thana -KORHA District- KATIHAR ======================================================
1. Munilal Mandal Son of Hanumani Mandal
2. Sikandar Mandal Son of Munilal Mandal
3. Vijendra Mandal Son of Munilal Mandal
4. Mahesh Mandal @ Mahesh Prasad Mandal Son of Karu Mandal
5. Shyama Devi Wife of Vijendra Mandal
6. Jyotishna Devi Wife of Sikandar Mandal All residents of village - Panchma, P.S. Korha, District - Katihar .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rajesh Kumar Pandey, Advocate For the State : Spl. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 324, 325, 504 of the Indian Penal Code and Section 3(i) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered in connection with Korha P.S. Case No. 126 of 2015.
3. It is submitted that the petitioners have been falsely implicated and this is the third similar case instituted at the instance of the same informant. The accusations under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are not made out as according to the
Patna High Court Cr.Misc. No.47026 of 2015 (3) dt.02-11-2015 2/2 first information report, the alleged occurrence took place in the house of the informant and not in public view.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 126 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vikash Jain, J) B.T/- U T