IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.4700 of 2011
1. Ram Jatan Mandal, Son of Late Rajo Mandal.
2. Bhim Mandal, Son of Late Rajo Mandal.
Both residents of village-Ramtaliganj, P.S.-Kajra, District-Lakhisarai.
-Petitioners.
VERSUS
The State of Bihar -Opposite Party.
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02 24.02.2011 The petitioners, who are brothers, are in custody in
relation to Kajra P.S. Case No.35/2010 instituted under Sections 323
& 504 and other sections of the Indian Penal Code read with Section
3(1)X of the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act.
As per the F.I.R., it is alleged that while the mother of
the informant was guarding the crops, petitioner walked through the
agricultural field, when the mother protested, she was abused and
beaten up.
Learned counsel for the petitioner submits that it is a
false case. He has drawn attention of this Court to the fact that as per
the formal F.I.R. itself the incidence is of 14.08.2010 but the F.I.R. is
being lodged on 23.09.2010 after more than 1½ months. He further
submits that calling the victim lady by caste name where no one else
was present does not constitute an offence.
Be that as it may, let the petitioners above-named be
released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of like amount each to the
satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection
with Kajra P.S. Case No.35/2010.
Trivedi/ (Navaniti Prasad Singh, J.)