Shubhukal Singh @ Shubhuk Lal Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32948 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -CHAUTHAM District- KHAGARIA ======================================================
1. Shubhukal Singh @ Shubhuk Lal Singh Son of Late Baldeo Singh
2. Uma Devi Wife of Shubhukal Singh @ Shubhuk Lal Singh
3. Pandav Singh @ Pandav Kumar Son of Shubhukal Singh @ Shubhuk Lal Singh All residents of Village Patraha P.S. Choutham District Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 363/366(A)/341/323/504/34 of the Indian Penal Code and Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel for the petitioners submits that no case under Section (3)(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is made out as admittedly, the occurrence were made at the house of the accused
Patna High Court Cr.Misc. No.32948 of 2016 (2) dt.02-09-2016 P2/2 persons and not in public view. Learned counsel for the petitioners summits that these petitioners are not at all concerned with the occurrence. Admittedly, it was only Lachho Devi and Rajiv Singh who had lured away the girl and not this petitioner. This fact stands testified by the statement of the victim girl under Section 164 of the Cr. P.C.
Considering such facts and circumstances and that the petitioner Nos. 1 and 2 are aged persons and against petitioner No. 3, there is no allegation, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 learned Chief Judicial Magistrate, Khagaria in connection with Choutham P.S. Case No. 58/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T