Kiran Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55280 of 2015 Arising Out of PS.Case No. -150 Year- 2011 Thana -HARIZAN District- BEGUSARAI ======================================================

1. Kiran Kumar Son of Fulo Sahani

2. Fulo Sahani Son of Late Dhanik Sahani @ Ghina Sahani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341/323/354/504/379/34 of the Indian Penal Code and section 3(1) (ix) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the informant went to ease out then accused persons started abusing her by calling caste name and, on the order of co-accused Pradeep Sahni co-accused Prashant Kumar pulled her down and started to drag her saree whereas petitioner no.2 Fulo Sahani and petitioner no.1 Kiran Sahni caught hold her, pressed her mouth and assaulted with fists and

Patna High Court Cr.Misc. No.55280 of 2015 (2) dt.07-12-2015 2/2 slap. It is further alleged that Kiran Kumar snatched earring from the ear of the informant.

It is submitted by learned counsel for the petitioners that for the occurrence of 15.10.2011, the FIR was registered on 25.10.2011 and the accusation of abusing by calling caste name is not against these petitioners. Moreover, a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed lodging of the case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria in connection with SC/ST P.S. Case No.150 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T