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Patna High CourtCR. APP (SJ)/382/2019allowed

Chandan Kumar Sah And ORS v. The State Of Bihar

2019-02-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.382 of 2019 Arising Out of PS. Case No.-167 Year-2018 Thana- KATRA District- Muzaffarpur ======================================================

1. Chandan Kumar Sah, aged about 32 years, Male, son of Bisheshwar Sah.

2. Ramashish Sah, aged about 38 years, Male, son of Bhuneshwar Sah.

3. Pawan kumar Sah, aged about 30 years, Male, son of Bhuneshwar Sah.

4. Ramu Kumar @ Ramu Kumar Sah, aged about 28 years, Male, son of Bhuneshwar Sah.

5. Sarita Devi, aged about 35 years, Female, wife of Ranjeet Sah.

6. Rani Devi, aged about 41 years, female, wife of Ramashish Sah.

7. Rampari Devi, aged about 62 years, Female, wife of Bhuneshwar Sah.

8. Bhuneshwar Sah, aged about 65 years, Male, son of Fakira Sah. All are resident of Village - Nagwara, P.S. Katra, District- Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Kr Singh No.1 For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 The appellants seek pre-arrest bail in connection with Katra P.S. Case No. 167 of 2018, registered for offences punishable under Sections 341, 323, 379, 354(B)/34 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act. Allegation against the appellants is of assault to the informant and thrashing her on the ground and also abusing her by taking caste name.

Submission of learned counsel for the appellants is that no specific allegation has been attributed against them rather there is general and omnibus allegation against all of them.

Patna High Court CR. APP (SJ) No.382 of 2019 dt.04-02-2019 2/2 Further submission is that also an application has filed by the appellant no.7 and the proceedings under Section 144 Cr.P.C. was initiated between the parties. The appellants have no criminal antecedents.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let appellants, above named, be surrendered within a period of six weeks and on surrender they will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 11th Special Judge (SC/ST) at Muzaffarpur, in connection with Katra P.S. Case No. 167 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned order is set-aside.

(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR N/A CAV DATE N/A Uploading Date 05.02.2019 Transmission Date 05.02.2019