Jai Prakash Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38907 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -SC/ST District- ARRARIA ======================================================

1. Jai Prakash Sah,

2. Shankar Sah,

3. Dilip Sah,

4. Tinku Sah alias Tinku Kumar

5. Dhiraj Sah alias Dhiraj Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioners 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(1)(ii)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that the informant used to work as tractor driver of the petitioners side when the wife and minor son of the informant went to demand three months due wages to the tune of rupees eighteen thousand and the minor child of the informant wanted to

Patna High Court Cr.Misc. No.38907 of 2015 (4) dt.01-10-2015 2/3 drink water from the tap then the child and wife of the informant were abused by calling caste name and assaulted.

It is submitted by the learned counsel for the petitioners that the date of occurrence has not been mentioned in the FIR and in the background of dispute with regard to due wages the accusation has been levelled. It is further submitted that the FIR was registered on 5.5.2015 but it reached to the court of the learned CJM Incharge on 8.5.2015 which reflects that the same was registered by antedating. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

It is submitted by the leaned counsel for the informant that investigation has concluded and the petitioners have been chargesheeted.

Considering the nature of accusation, in view of this court, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Araria SC/ST P.S. Case No. 22 of 2015 pending in the court of learned CJM, Araria.

Patna High Court Cr.Misc. No.38907 of 2015 (4) dt.01-10-2015 3/3 This application is disposed of with the aforesaid observation/direction.

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