Patna High Court - Orders
Rajesh Rai @ Rakesh Kumar & Ors. vs The State Of Bihar on 24 April, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
Patna High Court Cr.Misc. No.15037 of 2012 (2) dt.24-04-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15037 of 2012
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1. Rajesh Rai @ Rakesh Kumar,
2. Vijay Rai @ Vijay Kumar,
3. Lalan Rai,
4. Permanand Rai &
5. Padari Rai @ Padari Kumar.
.... .... Petitioners
Versus
The State Of Bihar
.... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 24-04-2012Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 504, 506, 385 and 120B of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act.
The accusation is of abusing by calling the caste name and demanding extortion through phone.
It is submitted that except the accusation under the provisions of SC/ST Act all the offences are bailable and the said offence is not made out since the offence was not committed in public view. Moreover, accusation under the SC/ST Act are alleged to have been committed on 20th July, 2011 when the FIR was instituted on 01.12.2011. Delayed lodging of the FIR clouds the bonafide of the accusation.
Considering the aforesaid submissions, let the above Patna High Court Cr.Misc. No.15037 of 2012 (2) dt.24-04-2012 named five petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusari in Begusari SC/ST Case No.180 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Anil/-