IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38026 of 2008 ABDHESH RAI & ORS Versus STATE OF BIHAR ----------- 2. 14.11.2008 Heard Sri Kameshwar Kumar, Advocate for the petitioners and the learned A.P.P. for the State. The case is under Sections 436, 379 etc IPC and Sections 3(i)(x) of the SC/ST(Prevention of Atrocities)Act. Petitioners Abdhesh Rai, Bishwa Nath Roy and Mukesh Roy @ Mukesh Kumar are said to have set fire to the residential house of the informant. Petitioners Bharoshi Roy and Bhukhulu Ram @ Bhukhalu Ram are alleged to have assaulted and abused him. So far as petitioners Dinesh Roy and Umesh Roy there is no allegation against them. The contention is that the land dispute appears coming out of the FIR itself and in fact there was no house standing thereon and after manufacturing a few injuries the informant and his family members have come with a false case. As an instance of falsity the attention of the court was drawn towards the allegation that the mother of the informant, namely, Shila Devi was thrown into the flame of the burning - 2 - house but there was no burn injury reported by the doctor. It is contended that as and when there is a land dispute, the intent to humiliate a member of the Scheduled Castes and Scheduled Tribes in view of public, may not be there. Be that as it may, considering the facts of the case and considering the nature of the dispute as also the injury in the light of the allegations, let the seven petitioners, namely, (1)Abdhesh Rai, (2)Bishwa Nath Roy, (3)Bharoshi Roy, (4)Mukesh Roy @ Mukesh Kumar, (5)Dinesh Roy, (6) Bhukhulu Ram @ Bhukhalu Ram and (7)Umesh Roy be released from custody on furnishing bond of Rs.3,000/-(three thousand)each with two sureties of the like amount each to the satisfaction of C.J.M. Sitamarhi in Parsauni P.S.Case No.34 of 2008. B.Kr. ( Dharnidhar Jha, J. )