Patna High Court granted bail to petitioners apprehending arrest in a case involving alleged assault and abuse under IPC and SC/ST Act. Bail to be executed within four weeks.
Release on bail by furnishing bond of Rs. 10,000 each with two sureties of like amount within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23163 of 2015
Arising Out of PS.Case No. -51 Year- 2015 Thana -BAKHTIYARPUR District- PATNA
====================================================== Appearance : For the Petitioner/s : Mr. Tilak Sao, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 21-09-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case instituted under Sections 379, 504, 506, 448, 323, 341, 324 and 325 of the Indian Penal Code and Section 3(1) (X) of Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act.
Allegation against the petitioners is that they came at the house of the informant, abused her with caste name and also assaulted her.
It has been submitted on behalf of the petitioners that they have got no criminal antecedents. The petitioners have falsely been implicated in the present case. The injuries are said to be simple in nature. As far as offence under SC & ST Act is concerned, it is not attracted as the alleged occurrence is said to have taken place inside the house.
On behalf of the State, it is submitted that the petitioners
Patna High Court Cr.Misc. No.23163 of 2015 (3) dt.21-09-2015
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are named in the F.I.R.
Considering the aforesaid facts, let the above named petitioners, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned AC.J.M., Patna City, in connection with Bakhtiyarpur P.S. Case no. 51 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
sudip/-
U T
1 issue framed by the court
Whether pettioners are entitled to bail in a case involving alleged offences under the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act.
3 provisions across 3 enactments
AMIRAK MAHTO @ AMRIKA MAHTO and ORS.
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
