Om Prakash Singh @ Buddha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.462 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- DINARA District- Rohtas ====================================================== OM PRAKASH SINGH @ BUDDHA, Son of Late Arjun Singh, Resident of Village-Jamrodh, P.S.-Dinara, District Rohtas ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Rajani Kant Singh, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 08-02-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 10.1.2019 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Rohtas at Sasaram, in A.B.P. filed by the appellant, by which learned Special Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Registered Case No. 16 of 2018, arising out of Dinara P.S.Case No. 11 of 2018, registered under Sections 341, 354B, 504, 506 of the Indian Penal Code and Section 3(i)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellant is of trying to outrage the modesty of the informant and abusing her.

Submission of learned counsel for the appellant is that after investigation final form has been submitted. However, cognizance has been taken in this case.

Heard learned Special P.P. and learned counsel for the informant. They have opposed the prayer for anticipatory bail of the appellant.

Patna High Court CR. APP (SJ) No.462 of 2019 dt.08-02-2019 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 Sessions Judge-I-cum-Special Judge, SC/ST Act, Rohtas at Sasaram, in connection with Registered Case No. 16 of 2018, arising out of Dinara P.S. case No. 11 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 10.1.2019 is set aside.

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