IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32546 of 2010
SHIV GOVIND RAI & ANR
Versus
STATE OF BIHAR
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2 03.11.2010 Heard learned counsel for the petitioners as well
as learned counsel for the state.
Petitioners, namely, Shiv Govind Rai and Gopal
Sah apprehend their arrest in connection with Complaint
Case No. 657 (C) of 2009 registered for the offences
punishable under sections 166, 167, 504/34 of the Indian
Penal Code and section 3 & 4 of S.C. & S.T. (Prevention of
Atrocities) Act.
The allegation against the petitioners is that they
demanded illegal money from complainant for providing
amount of Indira Awas and when the matter was inquired by
the higher officials, petitioner No. 1 being Panchayat Sewak
furnished false report. So far as petitioner No. 2 is
concerned, no specific allegation appears to be attributed
against him.
Though cognizance has been taken under the
penal provision of S.C. & S.T. (Prevention of Atrocities) Act
but the application of aforesaid provision appears to be
doubtful.
In the aforesaid circumstances, this anticipatory
bail petition is allowed. In the event of arrest/surrender within
2
30 days from receipt of the order, the petitioners, named
above shall be released on bail on furnishing bail bond of Rs
10,000/- (ten thousand) each with two sureties of the like
amount each in connection abovementioned case to the
satisfaction of Chief Judicial Magistrate, Buxar subject to
condition as laid down u/S 438(2) of the Cr.P.C,
AKV/- ( Hemant Kumar Srivastava,J.)