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Patna High CourtCR. APP (SJ)/519/2019allowed

Sharda Devi And ORS v. The State Of Bihar

2019-03-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.519 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- SC/ST District- Jehanabad ====================================================== 1.

SHARDA DEVI Wife of Santosh Pandit @ Rusi Pandit 2.

Anita Devi Wife of Sanjay Pandit 3.

Kavita Devi Wife of Rakesh Pandit 4.

Krishna Pandit Son of Late Ram Jatan Pandit 5.

Sanjay Pandit Son of Late Ram Jatan Pandit 6.

Rakesh Pandit Son of Late Ram Jatan Pandit 7.

Santosh Pandit @ Rusi Pandit Son of Late Ram Jatan Pandit All are resident of Village- Saren p.s.- makhdumpur (Tehta 0.p.),distJehanabad ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Paras Nath For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-03-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Jehanabad SC/ST P.S.Case No.55 of 2018 , registered for offences punishable under Sections 147, 149, 323, 379, 504,506 of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Amendment Act. Allegation against the appellants is that they assaulted the informant by Danda and abused the informant by caste name as the she-goat of the informant was grazing in the field of the appellants.

Patna High Court CR. APP (SJ) No.519 of 2019 dt.05-03-2019 2/2 Submission of the learned counsel for the appellants is that there is case and counter case between the parties and no specific allegation has been attributed. Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge -1st, Jehanabad in connection with Jehanabad SC/ST P.S.Case No.55 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date