Murari Singh @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.305 of 2019 Arising Out of PS. Case No.-810 Year-2018 Thana- NAWADA District- Nawada ====================================================== Murari Singh @ Murari Kumar son of Rambalak Singh Village - Bhadauni Devi Asthan Sah Toli, P.S-Nawada,Distt.-Nawada. ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sheo Kumar Prasad For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 21-02-2019 By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 10.12.2018 passed in Nawada P.S.Case no.810 of 2018 for the offences punishable under Sections 147, 149, 384, 385, 504, 406 of the Indian Penal Code and Section 3(i)(r) of SC/ST Act by the learned Additional District and Sessions Judge Ist cum Spl. Judge, Nawada whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation as per FIR is that the informant was renter in the house of the appellant and there is allegation of abusing by caste name and also assaulting by fists and laps and demanding Rs.2,800/- . Submission of the learned counsel for the appellant is that he is the land lord and the rent was due and when he demanded the false and concocted case has been lodged.

Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.305 of 2019 dt.21-02-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge Ist cum Spl Judge, Nawada in connection with Nawada P.S.Case No.810 of 2018, subject to condition as laid down under Section 438 of Cr.P.C. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date