IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34625 of 2011
1.Alindra Thakur.
2.Raghunandan Prasad Tanti and
3.Kishore Kumar...... Petitioners.
Versus
The State Of Bihar .....Opposite party.
3 9.11.2011
Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case
registered under Sections 341, 323, 504, 379, 353/34 of the Indian
Penal Code and section 3(i) (x) of the Schedule Castes and Schedule
Tribe(Prevention of Atrocities) Act.
The accusation is of making assault obstructing from
performing the public duty and abusing by calling caste name.
It is submitted by the learned counsel for the petitioners
that since the informant is Panchayat Secretary against whom the
petitioners made complaint when the informant filed Complaint Case
No.875 of 2011 for theft of the documents from the office of the Gram
Panchayat and the complaint case was transferred to the police under
section 156(3) of the Code of Criminal Procedure for investigation then
the police found case false. Hence, as retaliatory measure the present
case has been lodged. The filing of the complaint case for theft of the
public documents at the behest of the informant suggests the defence
taken by the petitioners.
Considering the aforesaid facts, let the petitioners, above
named, be released on bail in the event of their arrest or surrender
before the learned court below within a period of twelve weeks from
today in connection with Kamtaul P.S. Case No.136 of 2011 on
2
furnishing bail bond of Rs.10,000/- each with two sureties of the like
amount each to the satisfaction of the learned C.J.M., Darbhanga,
subject to the conditions as laid down under section 438(2) of Cr.P.C.
AnilKrSinha (Dinesh Kumar Singh,J.)