Sanjeev Kumar Singh @ Khajju Singh @ Sanjeev Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.493 of 2015 (3) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.493 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanjeev Kumar Singh @ Khajju Singh @ Sanjeev Kumar, Son of Late Paras Singh.

2. Rahul Singh Son of Satyendra Singh Both are residents of VillBarhiya,P.S-Sarmera,Distt.-Nalanda .... .... Petitioners

Versus

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

For the Petitioners :

Ms. Soni Shrivastava, Advocate For the State :

Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2015 The petitioners are apprehending their arrest in connection with Sarmera P.S. Case No. 103 of 2014 instituted for the offences punishable under Sections 341, 323, 354, 504 and 506/34 of the Indian Penal Code as well as Section 3(I)(X) of the S.C./S.T. Act.

Heard learned counsel for the petitioners and the State.

The prosecution story, in brief, as alleged by the informant is that on 02.11.2014 at about 3 P.M. while she was fetching water from the government hand pump, these petitioners and others assaulted her and abused her by taking her caste name. It is further alleged that the informant sustained injuries in the said occurrence.

It has been submitted that the informant and the petitioners are neighbour and the occurrence is said to have taken

Patna High Court Cr.Misc. No.493 of 2015 (3) dt.30-04-2015 place due to the quarrel with respect to a government hand pump. Further the attention has been drawn towards the injury report, Annexure-2 to the present application, which shows that both the injuries are simple in nature. Further it has been submitted on behalf of the petitioners that the provisions of the S.C./S.T. Act is not attracted as the occurrence has not taken place in a public view.

On behalf of the State, it has been submitted that the petitioners are named in the First Information Report and several allegations have been made against them. Considering the facts and circumstances of the case, the petitioners above named in the event of their arrest or surrender in the court below within four weeks, are directed to be enlarged on anticipatory 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 I/C Judicial Magistrate, Nalanda at Bihar Sharif in connection with Sarmera P.S. Case No. 103 of 2014, subject to the conditions, as laid down under Section 438(2) Cr.P.C.

(Sudhir Singh, J.) Sanjay/- U T