Hare Ram Mahton And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32704 of 2015 Arising Out of PS.Case No. -9 Year- 2014 Thana -HARIZAN District- BEGUSARAI ======================================================
1. Hare Ram Mahton, Son of Jageshwar Mahton
2. Chandan Kumar, son of Hare Ram Mahton
3. Nandan Kumar @ Nandan Mahton, Son of Hare Ram Mahton
4. Bipin Kumar@Gogwa, son of Hare Ram Mahton
5. Kunal Kumar, son of Hare Ram Mahton
6. Sharda Devi, wife of Hare Ram Mahton All resident of Village Sanjat, Police Station Bhagwanpur, District Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Ram Shankar Das (Spl.PP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioners and the learned counsel for the State.
The petitioners are apprehending their arrest in connection with SC/ST P.S. Case No.09 of 2014 for allegedly having committed the offences under Sections 447, 341, 323, 379, 427, 506 and 504/34 of the Indian Penal Code and Section 3(i)(x) of the ST & ST (Prevention of Atrocities) Act. Learned counsel for the petitioners submits that initially on 28.1.2014 it is alleged that the petitioners had snatched Rs.2000/- from the pocket of the informant while he was coming back after leaving his friend. It is submitted by the leaned counsel for the petitioner that subsequently again another
Patna High Court Cr.Misc. No.32704 of 2015 (2) dt.18-08-2015 2/2 allegation has been made that on 29.1.2014 at 6 A.M. the petitioners came to the house of the informant and after using his caste name, assaulted him and took away a bicycle and three gallon toddy amounting to Rs.1500/-.
From a plain perusal of the F.I.R. it appears that the second part of the occurrence has neither taken place in public view nor at a public place; rather the accused persons are said to have come at the house of the informant.
Considering the nature of allegations made against the petitioners and that they have clean antecedents, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with SC/ST P.S. Case No.09 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T