Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27808 of 2012 ====================================================== Binod Mahto & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 07-08-2012 Petitioners are apprehending their arrest in a case registered for the offences punishable under [STATUTE] . and 3(1)(IV)(V)(XV) of the S.C. & S.T.(Prevention of Atrocities) Act. It is alleged that hutment of the informant was being removed by the petitioners when protest was made and the husband of the informant was operated upon for hernia, he was assaulted when he was taken to the hospital on 04.05.2012 and after being treated he came back home when he died on 06.05.2012 and the fardbeyan was recorded. It is submitted by learned counsel for the petitioners that Annexure-2 is the medical report dated 04.05.2012 which does not suggest that any injury due to the assault was diagnosed and medical report suggests that the husband of the informant was diagnosed for hernia. Patna High Court Cr.Misc. No.27808 of 2012 (2) dt.07-08-2012 2 / 2 2 A statement has been made in para 10 that postmortem was not conducted and the dead body was cremated since husband of the informant died due to the ailment. It is further submitted that Annexure-3 and 3/1 are the retracted versions of the informant which suggests that husband of the informant died due to the ailment and not due to the assault. A statement has been made in para 12 of the petition that petitioners have no criminal antecedent. Considering the nature of accusation and the retracted version of the informant coupled with the medical report, let the petitioners namely 1. Binod Mahto 2. Gopal Mahto 3. Mithu Mahto, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Ariari P.S. Case No. 56 of 2012. Shageer/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.