Patna High CourtCR. MISC./28945/2015bail granted

Kuldip Sah And ORS. v. The State Of Bihar

2015-07-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28945 of 2015 Arising Out of PS.Case No. -60 Year- 2014 Thana -SC/ST District- ARRARIA ======================================================

1. Kuldip Sah son of Laxman Sah

2. Chandra Kala Devi wife of Kuldip Sah

3. Pankaj Sah @ Pankaj Kr. Sah Son of Pramod Sah

4. Bijay Sah @ Bijay Kumar Son of Deep Narayan Sah, All are residents of village- Bairakh, P.S.- Raniganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 504/34 of the Indian Penal Code and 3(1) (x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the informant went to the petitioners to collect donation then the accused persons made assault, snatched Rs.7500/- from the informant and abused by calling caste name.

It is submitted by learned counsel for the petitioners that in the background of dispute with regard to

Patna High Court Cr.Misc. No.28945 of 2015 (2) dt.24-07-2015 2/2 collecting donation forcibly the accusation has been levelled when for the occurrence of 26.11.2014 the FIR was registered on 28.11.2014 and the same reached to the court of learned CJM on 20.11.2014. The delayed reaching of the FIR to the court clouds the prosecution case.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the fact that it was the informant who went to the house of the petitioners to collect donation which was protested by the petitioners and the delayed lodging of the FIR, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria SC/ST P.S. Case No. 60 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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