Patna High CourtCR. MISC./16153/2015rejected

Manoj Yadav And ORS v. The State Of Bihar

2015-04-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16153 of 2015 Arising Out of PS.Case No. -40 Year- 2014 Thana -SC/ST District- JAMUI ======================================================

1. Manoj Yadav

2. Suro Yadav

3. Rajendra Yadav All son of Kheman Yadav

4. Santosh Yadav son of Suro Yadav

5. Sharwan Yadav son of Rajendra Yadav All are resident of village Hardimoh, P.S. Khaira, District Jamui

6. Basuki Modi son of Late Bajo Modi, resident of village- Dainikhar, P.S.- Khaira, District- Jamui .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate.

For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2015 Heard both sides.

The petitioner apprehends his arrest in Jamui P.S. Case No. 40 of 2014, registered for the offences punishable under Section 323 and other Sections of the Indian Penal Code and Sections 3(i)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The petitioners are alleged to have abused and assaulted the son of the informant.

Learned counsel for the petitioners submits that there is allegation of abusing against the petitioners. It appears that firstly, Manoj Yadav stoked the daughter

Patna High Court Cr.Misc. No.16153 of 2015 (2) dt.30-04-2015 2/2 of the informant and on protest the petitioner called the informant assaulted and abused him.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit and taking into account that there is no specific allegation of abusing against the petitioners, without being prejudiced by this order. (Prabhat Kumar Jha, J.) KKSINHA/- U T