Rakesh Kumar Rai @ Rakesh Kumar & Anr. vs The State Of Bihar on 23 January, 2013

[Cites 3, Cited by 1]

Patna High Court - Orders

Rakesh Kumar Rai @ Rakesh Kumar & Anr. vs The State Of Bihar on 23 January, 2013

Bench: Vikash Jain

     Patna High Court Cr.Misc. No.2113 of 2013 (2) dt.23-01-2013




                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.2113 of 2013
                  ======================================================
                  1. Rakesh Kumar Rai @ Rakesh Kumar S/o Laldeo Rai
                  2. Rishu Kumar Rai @ Rishu Kumar S/o Chandraman Ram @ Dila Rai
                                                                       .... .... Petitioner/s
                                                   Versus
                  The State Of Bihar
                                                                  .... .... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     : Mr. Bimal Kr. Jha, Adv.
                  For the Opposite Party/s   : Mr. APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                  ORAL ORDER

2.   23.01.2013

Heard learned counsel for the petitioners and learned APP for the State.

2. This petition for anticipatory bail has been filed on behalf of the petitioners who apprehend their arrest for the offences alleged under Sections 323, 341, 504 of the I.P.C. and 3 (i) (x) S.C./S.T. Act.

3. The allegation is that the petitioners along with two other persons came to the door of the informant and abused him using caste name and also assaulted his mother who came to resolve the dispute and thereafter some persons from the neighborhood gathered to resolve the dispute.

4. Learned counsel for the petitioners submits that the allegations under the SC/ST Act have been added only to give colour of non-bailable offence and in any event the allegations as made under the SC/ST Act do not comprise any offence thereunder. Moreover, he also refers to a compromise petition filed by the parties subsequently Patna High Court Cr.Misc. No.2113 of 2013 (2) dt.23-01-2013 (Annexure-2).

5. Considering the above facts and also that the allegations under the SC/ST Act are under cloud, in the event of their arrest or surrender before the court below within 12 weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. Danapur, Patna, in connection with S.C./S.T. Patna P.S. Case No. 16/2008, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

( Vikash Jain, J. ) Fahad.

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Patna High Court - Orders