Patna High CourtCR. MISC./54453/2015rejected

Suresh Mahton And ORS v. The State Of Bihar

2015-12-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54453 of 2015 Arising Out of PS.Case No. -106 Year- 2013 Thana -HARIZAN District- BEGUSARAI ======================================================

1. Suresh Mahton Son of Baleshwar Mahton

2. Ram Dayal Mahton Son of Bure Lal Mahton

3. Nathuni Mahton Son of Baleshwar Mahton

4. Ram Dinesh Mahton Son of Bure Lal Mahton All are resident of village- Malipur, P.S.- Gadhapura, District Begusarai. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashish Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with SC/ST P. S. Case No. 106 of 2013 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Regard being had to the specific allegation against the petitioner no. 1 Suresh Mahton of using derogatory words to the informant, who is a member of scheduled caste community, I am

Patna High Court Cr.Misc. No.54453 of 2015 (2) dt.09-12-2015 2/2 not inclined to grant him anticipatory bail. Accordingly, his application for anticipatory bail is rejected. So far the petitioners no. 2 to 4, namely, Ram Dayal Mahton, Nathuni Mahton and Ram Dinesh Mahton are concerned, there is no specific allegation against them. In that view of the matter, in the event of arrest or surrender before the court below within six weeks from today, the petitioners no. 2 to 4 are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Begusarai in SC/ST P. S. Case No. 106 of 2013, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T