Bablu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.617 of 2019 Arising Out of PS. Case No.-777 Year-2018 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== 1.

BABLU SAH 2.

Ram Sah @ Ranjan Sah 3.

Rajniti Sah @ Rajneti Sah 4.

Naresh Sah, all sons of Late Bhola Sah, R/o village- Tikarampur, P.SMuffasil ( Tikarampur O.P), District- Munger ... ... Appellants

Versus

THE STATE OF BIHAR ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Kamal Kishore Jha, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 10.1.2019 passed by Additional Sessions Judge-I, Munger, in A.B.A. No.63 of 2019 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Complaint Case No. 777C of 2018, registered under Sections 147, 148, 341, 323, 354, 380, 34 of the Indian Penal Code and Section 3(i)(r)(s)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellants is of abusing the complainant by caste name and also of assaulting him and there is allegation of outraging the modesty of daughter-in-law of the complainant. Submission of learned counsel for the appellants is that there is delay in lodging the case and furthermore a case has been lodged by the

Patna High Court CR. APP (SJ) No.617 of 2019 dt.26-02-2019 2/2 appellants' side (Annexure-2), which has been admitted by the complainant in his solemn affirmation (Annexure-3).

Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Munger, in connection with Complaint Case No. 777C of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants 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