Ramjee Chaubey v. The State Of Bihar

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 27-09-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 379, 504, 384/34 of the Indian Penal Code and 3(1)(x) of the SC/ST (Prevention of Atrocities Act). The accusation is of demanding money for the land sold in favour of the informant’s aunt by the nephew of petitioners when initially money was given by informant but subsequently on refusal the informant was abused by calling caste name. It is submitted that since share of petitioners’ land was purchased by the informant’s side for which Title Suit No. 105 of 2012 has been 2 Patna High Court Cr.Misc. No.36902 of 2012 (2) dt.27-09-2012 filed hence the present accusation has been levelled. It is further submitted that offence under SC/ST Act has not been committed in public view. Considering the accusation in the background of serious land dispute, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with SC/ST P.S. Case No. 15 of 2012, corresponding to G.R. No. 2084 of 2012, on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhojpur, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bonds of the petitioners shall be accepted on affidavit being filed before the learned court below that the petitioners will co-operate in investigation and the said affidavit shall be transmitted by the learned court below to the concerned Investigating Officer of the present case. Non co-operation in investigation by the petitioners will give liberty to the prosecution to file an application for cancellation of bail of petitioners. U.K./- (Dinesh Kumar Singh, J)