Patna High CourtCR. MISC./53084/2015disposed

Vijay Singh And ANR v. The State Of Bihar

2015-11-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53084 of 2015 Arising Out of PS.Case No. -61 Year- 2015 Thana -BARHAT District- JAMUI ======================================================

1. Vijay Singh, son of late Naresh Singh

2. Prince Kumar, son of Jangbahadur Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-11-2015 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, 448, 307, 148 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The accusation against the petitioners is that they along with other co-accused persons entered into the house of the informant, abused by calling caste name and made assault. It is submitted by learned counsel for the petitioners that petitioner no.1 was also assaulted by the informant's side for which Complaint Case No.1404C of 2015 was registered. Admittedly, the occurrence took place inside the house of the

Patna High Court Cr.Misc. No.53084 of 2015 (2) dt.23-11-2015 2/2 informant, hence, no offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out and considering the same other co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No.48849 of 2015.

The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Barhat P.S. Case No.61 of 2015, pending before the learned CJM, Jamui. With the above observation, this application is, accordingly, disposed off.

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