IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1664 of 2011 SHRIKANT SHARMA, SON OF VANKATEH SHARMA Versus THE STATE OF BIHAR ----------- 03 28.02.2011 Learned counsel for the petitioner is permitted to make necessary corrections in prayer portion of this application within course of the day. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks his bail in connection with Goh P.S. Case No. 139 of 2010 registered under Sections 452, 436, 429, 380, 427, 504, 506, 509/34, 376/511of the Indian Penal Code, 27 of the Arms Act and 3(1-X) of S.C. & S.T. Prevention of Atrocities Act. Admittedly, the entire occurrence took place in the house of the informant and, therefore, the application of provisions of S.C. & S.T. Prevention of Atrocities Act appears to be doubtful as the alleged occurrence has not taken place in full public view. So far as allegation of setting the house of informant and one Kusumi Devi on fire is concerned, the same is omnibus and not specific against the petitioner. Furthermore, I find that though there is allegation of attempt to commit rape, but it appears from perusal of Ferdbeyan of the informant itself, that she has not been medically examined. The contention of learned counsel for the petitioner is that the above stated case has been lodged by the informant on account of land dispute, as the father of the petitioner was Mahant whereas the informant - 2 - and several other persons tried to grab the lands of Math, which was opposed by father of the petitioner, resulting the filing of several cases as well as several litigations between the parties. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with above stated Goh P.S. Case No. 139 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)