Petitioners seeking regular bail in a case involving caste-based assault and IPC offences. Court directed surrender within six weeks for bail consideration and disposed the application.
Directing petitioners to surrender within six weeks for bail consideration by the Sub-Divisional Judicial Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50250 of 2014
Arising Out of PS.Case No. -128 Year- 2014 Thana -ARIYARI District- SEKHPURA ====================================================== 1. Karu @ Satish Mahto son of Daro Mahto 2. Pintu Mahto son of Daro Mahto 3. Chintu Mahto son of Magahi Mahto to 1 to 3 are resident of village Pandhar, P.S. Ariari, District- Sheikhpura 4. Chamo Mahto son of Nathun Mahto 5. Amanjeet Mahto @ Amarjeet Mahto son of Chamo Mahto 6. Akhilesh Mahto son of Chamo Mahto .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp)
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 27-04-2015 Heard learned counsels for the petitioners and the
State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/323/325/307/448 of the Indian Penal Code and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The accusation is of making assault with 'lathi' and pelted stones to the informant and informant's son and abused by calling caste name.
It is submitted by learned counsel for the petitioners that injury has been found simple in nature and the petitioners'
Patna High Court Cr.Misc. No.50250 of 2014 (3) dt.27-04-2015
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side earlier lodged Ariary P.S. Case No.127 of 2014 against informant and his family members.
The aforesaid facts constitute good 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 Ariari P.S. Case No.128 of 2014, pending before the Sub-Divisional Judicial Magistrate, Sheikhpura.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
2 issues framed by the court
Whether to grant bail in offences under the SC/ST Act and IPC involving caste naming and assault.
Whether the petitioners are required to surrender within a specific period to avail bail.
2 provisions across 2 enactments
Karu @ Satish Mahto and others
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
