High Court Patna High Court - Orders

Shankar Sah vs The State Of Bihar on 3 February, 2011

Patna High Court – Orders
Shankar Sah vs The State Of Bihar on 3 February, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.648 of 2011
                            SHANKAR SAH
                                 Versus
                         THE STATE OF BIHAR
                               -----------

02. 03.02.2011 Petitioner is apprehending his arrest in a

case registered under Sections 147, 148, 341, 323, 447,

448, 354, 504, 506, 379 of the I.P.C. and Section

3(i)(x)(xi) of the S.C. and S.T. Act.

Petitioner being the next door neighbour of

the informant is alleged to have assaulted the informant

with fists and slaps, thrown water and abused the

informant by calling his cast.

It is submitted by learned counsel for the

petitioner that during investigation the accusation has

not been found true. Moreover the occurrence took

place at the door of the informant which can not be

taken to be an offence committed in public view, hence

no case under S.C. and S.T. Act is made out.

Learned counsel for the informant submits

that petitioner has abused the informant by calling his

cast name, hence case under S.C. and S.T. Act is made

out.

Considering the nature of accusation and

both sides being next door neighbours and accusation

does not inspire confidence, let the petitioner namely
2

Shankar Sah, in the event of his arrest or surrender

before the Court below within a period of 12 weeks from

today, be released on anticipatory bail on furnishing

bail bond of Rs. 10,000(ten thousand) with two sureties

of the like amount each to the satisfaction of Chief

Judicial Magistrate, Begusarai in connection with

S.C./S.T. P.S. Case No. 181 of 2010.

Shageer                            ( Dinesh Kumar Singh,J.)