Sito Mahton And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25554 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -SIMULTALA District- JAMUI ======================================================
1. Sito Mahton son of Late Kartik Mahton.
2. Suresh Mahton @ Suresh Yadav @ Suren Mahton, Son of Sito Mahton
3. Churka Yadav son of Late Durga Yadav All resident of village - Kalyanpur, Police Station- Simultallah , District- Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 506/34 of the Indian Penal Code; and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.
It is alleged that the accused persons including the petitioner came to the chicken shop of the informant and asked him to remove the shop and took away `10,000/- from the shop. It is submitted by learned counsel for the petitioner that even assuming the accusation, no offence under SC/ST Act is made out and petitioner no.1 lodged Simultalla P.S. Case No. 02 of 2015 at earlier point of time against the informant and as a
Patna High Court Cr.Misc. No.25554 of 2015 (2) dt.01-07-2015 2/2 retaliatory measure, the present case has been lodged. Moreover, for the occurrence of 01.01.2015, the FIR was lodged on 03.01.2015. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, 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 C.J.M., Jamui in connection with Simultahha P.S. Case No. 03 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T