Dilip Sao @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.448 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- SAKSOHRA District- Patna ====================================================== DILIP SAO @ Dilip Kumar, Son of Kailash Sao, Resident of Village and PO and P.S.- Saksohara, District Patna ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Tej Narayan Singh, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-02-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 5.12.2018 passed by Additional District and Sessions JudgeIV-cum-Special Judge, SC/ST Act, Patna, in A.B.P. No. 8744 of 2018, by which learned Special Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Saksohra P.S.Case No. 34 of 2018, registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant against the accused persons is of abusing the informant by taking caste name and also of assaulting wife of informant and trying to outrage her modesty.

Submission of learned counsel for the appellant is that no specific allegation has been attributed against him and he is only named as accused in the written report.

Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.448 of 2019 dt.07-02-2019 2/2 Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-IV-cum-Special Judge, SC/ST Act, Patna, in connection with Saksohra P.S. case No. 34 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 5.12.2018 is set aside.

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