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Patna High CourtCR. MISC./56067/2015disposed

Shivdhar Ray And ORS v. The State Of Bihar

2015-12-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56067 of 2015 Arising Out of PS.Case No. -116 Year- 2013 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Shivdhar Ray son of Late Jodhan Ray

2. Ganga Bishun Ray son of Chathru Ray

3. Guddu Ray son of Biraspati Ray

4. Abdesh Ray son of Rajdeo Ray

5. Bipat Ray son of Bhola Ray

6. Khona Ray son of Late Jodhan Ray, all residents of villageSundargama, P.S.-Parsauni, District-Sitamarhi

7. Ganeshi Mahto son of Sahdeo Mahto, resident of Muraul, P.S.- Parsauni, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 379, 427, 436, 504 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that on protest being made by the informant for ploughing his land through the tractor the informant was abused and assaulted. It is also alleged that house of the informant was put on fire.

It is submitted by learned counsel for the petitioners that on conclusion of the investigation, final form was submitted and charge-sheet has been submitted under Sections, 323, 427, 504 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. Considering the fact that accusation under

Patna High Court Cr.Misc. No.56067 of 2015 (2) dt.10-12-2015 2/2 Section 436 I.P.C has not been found true during investigation, it is a case for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Parsauni P.S. Case No. 116 of 2013, pending in the Court of learned Additional Chief Judicial Magistrate, Sitamarhi. With the observations above, the application stands disposed off.

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