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Sambhal Singh @ Sabhal Singh & Ors vs State Of Bihar on 3 March, 2010

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.43734 of 2009
1. SAMBHAL SINGH ALIAS SABHAL SINGH S/O LATE RAGHU SINGH R/O VILL.-
HASANPUR, P.S. MAHNAR, DISTT.- VAISHALI
2. MUKESH SINGH S/O SABHAL SINGH R/O VILL.- HASANPUR, P.S. MAHNAR, DISTT.-
VAISHALI
3. RAMESH SINGH ALIAS SURESH SINGH S/O SABHAL SINGH R/O VILL.- HASANPUR,
P.S. MAHNAR, DISTT.- VAISHALI
4. PANKAJ SINGH S/O KUSHA SINGH R/O VILL.- HASANPUR, P.S. MAHNAR, DISTT.-
VAISHALI
5. FEKAN SINGH S/O LATE DEVENDRA SINGH R/O VILL.- HASANPUR, P.S. MAHNAR,
DISTT.- VAISHALI
6. KAMESHWAR SINGH S/O JUGESHWAR SINGH R/O VILL.- HASANPUR, P.S.
MAHNAR, DISTT.- VAISHALI----------------------------------------------------------Petitioners.
                                        Versus
                             1. THE STATE OF BIHAR
                                       -------------

  3.       3.3.2010

Heard learned counsel for the petitioners and the State.

Incident begins with touch of petitioner no.1's hand with informant's body and there was reaction that it would take five Purnima and Amabasya to take bath in Ganga. But contradiction begins that informant was again assaulted. There is reason for making such observation as a touch for a moment can be purified only after a ten bath and there is no possibility of assault without touch that is further followed by attempt of rape with informant's family members that is followed by renouncing the word by the informant by accepting Kabir panthi and allegation of abuse in name of caste is vague which is not applicable for the informant who renounced the word including his caste finding no case under section SC and ST Prevention of Atrocities Act. There is no case under section 307 of the Indian Penal Code as injuries are simple.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the -2- date of communication of this order the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Samastipur P.S. case no.22 of 2009 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Sudip                         ( Mandhata Singh, J. )