Kanchan Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42478 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -HARIJAN THANA District- SAMASTIPUR ======================================================
1. Kanchan Mahto
2. Randhir Kumar @ Birbal Mahto Both Sons of Nanu Mahto, Resident of Village-Salkhanni Singhiya Ghat, P.S.-Bibhutipur, District-Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Ambika Bhagat (Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioners and learned Special Public Prosecutor for the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 341, 323, 313, 314/34 of the Indian Penal Code and 3 (1) (X) Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
Learned counsel for the petitioners appears to be right in his submission that the occurrence, as alleged in the First Information Report, is not said to have been taken place in public view and, therefore, no offence under Section 3 (1) (X) Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act is made out.
Patna High Court Cr.Misc. No.42478 of 2014 (2) dt.16-04-2015 2/2 Keeping in view the submission as above and the nature of allegation made in the First Information Report, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Samastipur, in connection with SC/ST P.S. Case No. 12 of 2014, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Chakradhari Sharan Singh, J) Praveen-II/- U T