Ram Nath Ojha @ Ram Nath Mishra v. The State Of Bihar
Patna High Court Cr.Misc. No.27400 of 2015 (2) dt.23-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27400 of 2015 Arising Out of PS.Case No. -389 Year- 2014 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Ram Nath Ojha @ Ram Nath Mishra Son of Late Binda Mishra Resident of Mohalla- Shivpuri, P.S. Kazi Mohammadpur, District Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani, Adv. For the Opposite Party/s : M/s Anita Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354, 504 of the Indian Penal Code and 3/4 of S.C/S.T. Prevention of Atrocities Act registered in connection with Kazi Mohammadpur P.S. Case No. 389 of 2014.
3. Accusation is that the petitioner abused and assaulted the informant and his mother when he was standing at his shop.
4. It is submitted that even taking the accusations at face value as made in the F.I.R., no offence whatsoever under the provisions of SC/ST Act is made out against the petitioner. Moreover, other offences
Patna High Court Cr.Misc. No.27400 of 2015 (2) dt.23-07-2015 under the Penal Sections are all bailable.
5. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 389 of 2014 subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Md. Ibrarul/- U T