Surya Narain Mehta And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39537 of 2015 Arising Out of PS.Case No. -219 Year- 2005 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Surya Narain Mehta

2. Chandra Narain Mehta Both sons of Jagdeo Mehta Both are residents of Village - Madhubani P.S. Balua Bazar, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Alodhan Devi W/o Shiv Dayal Paswan a resident of Village - Madhubani, P.S. Balua Bazar, Dist - Supaul.

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 323, 354, 342 and 379/34 of the Indian Penal Code.

Allegation against the petitioners is that they have assaulted and tied hands and legs of the husband of the informant and attempted to commit rape upon her.

It has been submitted on behalf of the petitioners that they have no criminal antecedent. Complaint Case was filed for offences under the Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In course of enquiry, allegation under SC and ST Act was found to be false and no process was issued under the alleged Act. As per the prosecution case, it is said that for an amount of Rs. 2,000/- the case has been instituted. Petitioners denied the allegation made in the complaint case.

Patna High Court Cr.Misc. No.39537 of 2015 (2) dt.29-09-2015 2 / 2 On behalf of the State, it is submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate,Supaul, in connection with Complaint Case no. 219C of 2005 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T