Patna High CourtCR. MISC./39220/2015bail granted

Sita Ram Singh And ORS v. The State Of Bihar

2015-09-28Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39220 of 2015 Arising Out of PS.Case No. -784 Year- 2014 Thana -ARARIA District- ARRARIA =====================================

1. Sita Ram Singh, S/o Dhotai Singh.

2. Bikas Kumar Singh, S/o Late Durga Nand Singh.

3. Jhani Devi, W/o Late Durga Nand Singh.

All resident of village- Jhajhia Tola, P.S.- Madanpur, DistrictAraria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Opposite Party/s: Mr. Ambika Bhagat, SPL. A.P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Araria (Madanpur) P.S. Case No.784 of 2014, disclosing offences under Sections 448, 341, 323, 340, 504, 427, 379/34 of the Indian Penal

Patna High Court Cr.Misc. No.39220 of 2015 (2) dt.28-09-2015 2/3 Code and 3(i) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel, appearing on behalf of the petitioners, appears to be right in his submission that the occurrence had not taken place within public view, offence under Section 3(i) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, is not made out.

Considering the nature of allegation and the submission aforesaid, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Madanpur) P.S. Case No.784 of 2014 (G.R.

No.3749 of 2014), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when

Patna High Court Cr.Misc. No.39220 of 2015 (2) dt.28-09-2015 3/3 required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T