The Patna High Court granted bail to petitioners in an SC/ST case alleged to be false, linked to a land dispute. They must surrender within four weeks via the Chief Judicial Magistrate in Sitamarhi.
Petitioners directed to be enlarged on bail by surrendering to the C.J.M., Sitamarhi, within four weeks with bond of Rs. 10,000.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4890 of 2015
====================================================== 1. Abadh Kishore Yadav, S/O Late Ram Padarath Yadav, 2. Dipu Yadav, Son of Abadh Kishore Yadav, Both are residents of Village - Chak Mahila, P.S. & Distt. -Sitamarhi .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Satyendra Narayan Singh, Advocate. For the Opposite Party/s : Mr. Ramshankar Das, Spl. PP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 04-02-2015 Heard both sides. The petitioners apprehend their arrest in Sitamarhi S.C./S.T. P.S. Case No. 39/2014 registered under Sections 341, 323, 504, 484, 427/34 of the Indian Penal Code and Section 3(i)(ii)(iv)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The informant alleged that while he was returning, the petitioner intercepted him near Kargil Chawk and abused him by naming his caste. It is further alleged that the occurrence took place because he had purchased a piece of land from the brother of Abadh Kishore Yadav.
Learned counsel for the petitioners submits that the allegations are palpably false. The informant had fraudulently purchased a piece of land from the brother of the petitioner no. 1.
Patna High Court Cr.Misc. No.4890 of 2015 (2) dt.04-02-2015
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When this fact was brought to the notice of the informant, the informant lodged this false case. The occurrence did not take place in full public view as there was none at the time of the occurrence.
Considering the facts that there is a land dispute between the parties and the informant is alleged to have fraudulently purchased a piece of land and for that the occurrence took place, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Sitamarhi SC/ST P.S. Case No. 39/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Dilip/-
U T
1 issue framed by the court
Whether the petitioners can be enlarged on bail pending their surrender to face charges in an SC/ST case arising from an alleged land dispute.
1 provisions across 1 enactments
Abadh Kishore Yadav and Ors.
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
