Patna High CourtCR. MISC./11611/2015bail granted

Md. Manzoor Alam And ANR v. State Of Bihar And ANR

2015-03-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11611 of 2015 (2) dt.26-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11611 of 2015 Arising Out of PS.Case No. -196 Year- 2013 Thana -AMAUR District- PURNIA ======================================================

1. Md. Manzoor Alam Son of late Shakoor @ Sipahi.

2. Md. Aafaque Son of Late Kalim @ Chiku .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ruplal Rajak S/o Late Mirilal Rajak .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shabbir Ahmad For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Amour P.S. Case No. 196 of 2013 registered for the offences punishable under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act.

The submission on behalf of the petitioners is that the informant being Mukhiya of Nitendra Gram Panchayat lodged this false case against the petitioners with mala fide intention on account of political rivalry and moreover, after institution of the case, the informant compromised this case. It is further contended on behalf of the petitioners that even if the prosecution story

Patna High Court Cr.Misc. No.11611 of 2015 (2) dt.26-03-2015 assumed to be true, then also, no case under the provisions of S.C./S.T. (Prevention of Atrocities) Act is made out. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia in Amour P.S. Case No. 196 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T