Aliraj Miya And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17944 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Aliraj Miya Son of Late Yasin Miya
2. Moharlal Miya Son of Late Yasin Miya
3. Aurangjeb Miya Son of Aliraj Miya
4. Rambalak Baitha Son of Late Nirmal Baitha
5. Lalbabu Sah Son of Jag Sah All residents of Village - Sabithwa, P.S. - Kangali, District - West Champaran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Ambika Bhagat, Special P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 341, 323 354,504/34 of the Indian Penal Code and section 3(i)(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act. As per the allegation, the petitioners came to the agricultural field where the informant, her husband and their son were working and started abusing them taking the name of the caste and ordered not to harvest the land, however, they refused. Then the petitioners started assaulting them on which her husband and the son fled away and, thereafter, all the five
Patna High Court Cr.Misc. No.17944 of 2016 (3) dt.02-05-2016 petitioners tried to outrage the modesty of the informant with an intention to commit rape upon her but on raising alarm by the husband and the son of the informant, the petitioners' side fled away.
It is contended on behalf of the petitioners that it is unbelievable that the husband and the son of the informant, who were assaulted by the petitioners and due to which they fled away from the scene, still they could have raised alarm. It is further stated that nothing was in public view as it is not stated in the First Information Report that anybody else was present at the time of occurrence at the agricultural field except the husband and the son of the informant. It is also stated that there is a case and a counter case between the parties and the First Information Report lodged by the petitioners' side has been appended as Annexure 2.
Having regard to the facts and circumstances of the case, let the abovenamed petitioners, namely, Aliraj Miya, Moharlal Miya, Aurangjeb Miya, Rambalak Baitha and Lalbabu Sah, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Kangali Police Station Case No. 56/15 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Rupees) each with two sureties of the
Patna High Court Cr.Misc. No.17944 of 2016 (3) dt.02-05-2016 like amount each to the satisfaction of Sri Jitesh Kumar, J.M., Ist Class, Bettiah, West Champaran, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
(Dr. Ravi Ranjan, J) SC/- U T