Rina Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14536 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -HARIZAN District- BEGUSARAI ======================================================

1. Rina Devi, Wife of Devendra Singh

2. Dvendra Singh Son of Late Jagshwar Singh @ Late Rameshwar Singh Both residents of Village- Nagargama, P.S. Ballia, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sadanand Paswan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Begusarai SC/ST Police Station Case No. 25 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 380, 427, 354, 504, 506 of the Indian Penal Code and Sections 3 (i) (x) (xi) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act. There are 8 persons named in the First Information Report, including these petitioners who are wife and husband.

Learned Counsel for the petitioners has submitted that no offence under Section 3 (i) (x) (xi) of the

Patna High Court Cr.Misc. No.14536 of 2016 (2) dt.21-04-2016 2/3 Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act is made out on the basis of the allegation contained in the First Information Report inasmuch as there is no allegation that the occurrence took place within public view. He has further submitted that no grievous injury has been found on the person of the informant or any member of his family. A petty dispute between the families of the petitioners and the informant is the reason behind the institution of the present First Information Report. Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners, namely, Rina Devi and Devendra Singh, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai SC/ST Police Station Case No. 25 of 2015, 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 required

Patna High Court Cr.Misc. No.14536 of 2016 (2) dt.21-04-2016 3/3 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.) Prabhakar Anand/- U √ T √