Rameshwar Mali And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.556 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- SC/ST District- Bhabhua (Kaimur) ======================================================

1. RAMESHWAR MALI, Son of Chandrama Mali Resident of Village - Ledri, P.S.- Chand, District - Kaimur (Bihar).

2. Ravi Mali Son of Rameshwar Mali Resident of Village - Ledri, P.S.- Chand, District - Kaimur (Bihar).

... ... Appellant/s

Versus

1. THE STATE OF BIHAR

2. Rajmati Kuer Wife of Late Mohan Ram Resident of Village - Ledri, P.S.- Chand, District - Kaimur (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Lallan Pandey For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019 The appellants seek pre arrest bail in connection with SC/ST Bhabhua P.S. Case No. 44 of 2018, registered for offences punishable under Sections 341, 323, 354, 379, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s)(w) of SC/ST Act. Allegation against the appellants is of abusing the informant by caste name and also of thrashing her on the ground. It has been submitted on behalf of the appellants is that the F.I.R. itself shows that the occurrence took place with respect to grazing of field of the appellants by the she-goat of the informant and further there is case and counter case between the parties and police after investigation has not found the case true, however, the cognizance has been taken.

Patna High Court CR. APP (SJ) No.556 of 2019 dt.22-02-2019 2/2 Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, 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, Kaimur at Bhabhua, in connection with SC/ST Bhabhua P.S. Case No. 44 of 2018, subject to the conditions laid down under Section 438 (2) of Cr.P.C.

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

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