Om Prakash Sultaniya And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.551 of 2019 Arising Out of PS. Case No.-570 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================
1. OM PRAKASH SULTANIYA, Son of- Late Banarasi Lal Sultaniya Resident of village-Agarwa, p.s-motihari town.
2. Gaytri Devi Sultaniya @ Gayetri Devi Wife of-Om Prakash Sultaniya Resident of village-Agarwa,P.S-Motihari Town. ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Umesh Chandra Verma For the Respondent/s :
Smt. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019 The appellants seek pre arrest bail in connection with Motihari Muffasil P.S. Case No. 570 of 2018, registered for offences punishable under Sections 3341, 342, 323, 504, 506 and 34 of the Indian Penal Code and Section 3 (i)(d)(r)(s) of SC/ST Act.
Allegation as per F.I.R. is that the appellants are engaged in property dealing and on 13.09.2018, all the accused persons including the appellant came at the door of informant and abused her by caste name and asked her as to why she has made agreement of land with other person.
It has been submitted on behalf of the appellants that only general and omnibus allegation has been levelled against the
Patna High Court CR. APP (SJ) No.551 of 2019 dt.22-02-2019 2/2 appellants and further there is case and counter case between the parties, as a case has also been filed by the son of appellant no. 1 against informant side and the land dispute is admitted. Heard learned Special P.P. also.
Having heard both sides, in view of the above facts, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released 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 Additional Sessions Judge -I - cum-Special Judge SC/ST (POA) Act, East Champaran at Motihari, in connection with Motihari Muffasil P.S. Case No. 570 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.
Accordingly, this appeal is allowed and impugned order is set aside.
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