IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28389 of 2011
1. Naresh Rai @ Ram Naresh Rai, Son of Ram Lakhan Rai.
2. Ram Darash Rai, Son of Ram Lakhan Rai.
3. Shambhu Rai, Son of Ram Darash Rai.
4. Sunil Rai, Son of Ram Darash Rai.
5. Hazari Rai, Son of Ram Swaroop Rai.
6. Lakshman Rai, Son of Ram Swaroop Rai.
All are resident of village-Laptaha, P.S.-Parihar, District-Sitamarhi.
Versus
The State of Bihar
-----------
2. 25.08.2011 Heard learned counsel for the petitioner and learned
counsel appearing for the State.
The petitioners apprehend their arrest in a case
registered for the offence under Sections 341, 323, 504/34 of the
Indian Penal Code and Section 3(x) of S.C. & S.T. (Prevention
of Atrocities) Act.
It is stated that save and except the offence under S.C.
& S.T. (Prevention of Atrocities) Act, other sections under the
IPC are bailable in nature.
It is also stated that earlier the petitioner no. 1 had
instituted a case against the Officer-in-Charge of the concerned
police station, who has set up the informant of the present case
and has got a false case registered.
It is also stated that all the six petitioners belong to
one family and they are related to each other. Though, it is
alleged that all the six accused persons assaulted the informant
and her husband indiscriminately by lathi, danda, fists and slaps
but no injury report is there to support the allegation of assault.
2
It is also submitted that the instant case is an abuse of
the process of court.
Be that as it may, in view of statutory bar under
Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act, the
present application is not maintainable.
However, taking into consideration the nature of
allegation, in case the petitioners surrender before the court
below within six weeks and seek regular bail, the court below
shall release them on furnishing bail bonds and sureties to its
own satisfaction.
Let this order be communicated to the court below
through Fax at the cost of the petitioner.
Sanjeet (Ashwani Kumar Singh, J.)