Rabindra Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24849 of 2015 Arising Out of PS.Case No. -169 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================
1. Rabindra Ram S/o Nageshwar Ram Resident of village - Dumrel, Ward No. 33, P.S. Saharsa, District - Saharsa
2. Birju Ram @ Birju Kumar S/o Chhatasi Ram Resident of village - Dumrel, Ward No. 34, P.S. Saharsa, District - Saharsa
3. Sinku Yadav @ Shinku Kumar @ Shinku Yadav S/o Late Devendra Prasad Yadav Resident of village - Dumrel, Ward No. 34, P.S. Saharsa, District - Saharsa
4. Durga Prasad Yadav @ D.P. Yadav S/o Late Kunjilal Yadav Resident of village - Dumrel, Ward No. 34, P.S. Saharsa, District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 144, 341,342,323,504,186,332,353,327,285 and 283 of the Indian Penal Code and section 3⁄4 of the Prevention of Damage of Public Property Act.
It is alleged by the informant, Sanjay Kumar Singh, Station House Officer, Police Station-Sadar, District-Saharsa, that the informant along with other police officials on 11.03.2015
Patna High Court Cr.Misc. No.24849 of 2015 (2) dt.08-07-2015 2/3 went to investigate Saharsa Sadar Police Station Case No. 167 of 2015 instituted for kidnapping of Mktipriya, the daughter of Muktideo Singh.
In the meantime, informant received information that the FIR named accused persons alongwith 80-90 unknown persons have blocked the road and when the informant along with police officials went to the place of blockade they found that the accused persons including the petitioners have blocked the road by putting burning tire on the road and thereby obstructed the police officials in discharging official duty. It is submitted by learned counsel for the petitioners that due to inaction of the police in apprehending the accused, who kidnapped the victim, the protest was made by the mob and the police in order to save their skin lodged the present case whereas the other accused persons namely, Muktideo Singh and Ajit Singh have been granted bail by a co-ordinate bench of this court vide Criminal Miscellaneous No. 17757 of 2015.
Patna High Court Cr.Misc. No.24849 of 2015 (2) dt.08-07-2015 3/3 connection with Saharsa Sadar P.S. Case No.169 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. Ashwini/- (Dinesh Kumar Singh, J) U T