Sheela Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22725 of 2015 Arising Out of PS.Case No. -4 Year- 2014 Thana -HARIZAN District- MUNGER ======================================================

1. Sheela Devi Wife of Subodh Tanti

2. Subodh Tanti Son of Late Bhopal Tanti Both resident of village - Rataitha, Police Station - Kharagpur, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,354,406,504 and 506/34 of the Indian Penal Code and sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the informant gave rupees fourteen thousand in advance to petitioner no. 1 for executing sale deed with regard to a land. Rupees one thousand was to be paid at the time of registration of sale deed. When the informant met petitioner no. 1 and requested to execute sale deed, the accused persons abused the informant by calling caste name and on demand to return the money the accused persons assaulted the

Patna High Court Cr.Misc. No.22725 of 2015 (2) dt.24-06-2015 2/2 informant and tore the blouse of the informant's wife. It is submitted by the learned counsel for the petitioners that the wife of the informant has filed an affidavit before the learned court below that no such occurrence took place as alleged by her husband. For the occurrence of 2.3.2014 the FIR was registered on 11.3.2014. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. More over, there is no proof with regard to payment to petitioner no. 1.

Considering the delayed lodging of the case and denial of accusation by the wife of the informant through affidavit, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Munger in connection with Kharagpur SC/ST P.S. Case No. 4 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.