Sandalika @ Sandalika Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17942 of 2016 Arising Out of PS.Case No. -465 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sandalika @ Sandalika Devi wife of Kishore Sah

2. Ragini Kumari @ Ragani Kumari daughter of Kishore Sah

3. Rani Kumari daughter of Kishore Sah All are residents of village - Purani Bazar Ward No. 9 Narkatiaganj, Police Station - Shikarpur, District - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl. P.P.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-05-2016 Heard learned counsel for the petitioners and the learned Special P.P. for the State.

Petitioners apprehend their arrest in connection with Shikarpur P.S. Case No. 465 of 2015 registered for offences punishable under Sections 341, 323, 354 (B) and 504/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case, in brief, is that while the daughter-in-law of the informant was taking bath on the date of occurrence, accused Triveni Singh was peeping at her and when informant made protest, he abused her by taking her caste name.

Patna High Court Cr.Misc. No.17942 of 2016 (2) dt.06-05-2016 2/3 Thereafter, all the FIR named accused persons also came there and assaulted the informant and when her daughter-in-law came there to save her, accused persons abused her and accused Triveni Singh tore her blouse.

It has been submitted by the learned counsel for the petitioners that petitioners are innocent having no criminal antecedent and no case under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against them as they have not abused the informant by calling her caste name. It has further been submitted that the allegations against these petitioners are false and the present First Information Report is the counter blast to the earlier case lodged by petitioner no.1, bearing Shikarpur P.S. Case No. 464 of 2015 and the allegation is also of entering the house, abusing and assaulting petitioners' side.

However, learned Special P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each

Patna High Court Cr.Misc. No.17942 of 2016 (2) dt.06-05-2016 3/3 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District West Champaran in connection with Shikarpur P.S. Case No. 465 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T