Sahi Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2262 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -SC ST District- VAISHALI(HAJIPUR) ======================================================
1. Sahi Rai S/o Jag Lal Rai
2. Wakil Rai S/o Jinish Rai
3. Rahul Kumar S/o Upendra Rai
4. Renu Devi W/o Upendra Rai
5. Deepak Kumar S/o Chandar Rai All residents of Village - Kirolpur Pacchiari Tola (West Tola), P.S. Bhagwanpur, District Vaishali at Hajipur. .... .... Appellants
Versus
The State of Bihar.
.... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Satya Prakash For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard learned counsel for the appellants and learned Special P.P. for the State.
This appeal has been filed for grant of pre-arrest bail in connection with SC/ST P.S.Case No. 10 of 2017 registered for the offences punishable under Sections 147, 149, 341, 339, 323, 447, 448, 326, 307, 354, 504, 379 of the Indian Penal Code and 3(i)(r), 3(1)(v) and 3(ii)(v) of the SC/ST Act and for setting aside the order dated 14.6.2017 passed by Additional Sessions Judge-I-cumSpecial Judge, Vaishali at Hajipur. Allegation as per FIR is of assault and there is also allegation of abusing the informant.
Patna High Court CR. APP (SJ) No.2262 of 2017 (3) dt.04-09-2017 2/3 Submission of learned counsel for the appellants is that there is general allegation of assault against all the accused persons and allegation of outraging modesty of sister-in-law of the informant is against Rahul Kumar and Dipak Kumar and further allegation against them is of abusing by taking caste name and there is case and counter case between the parties and the dispute arose with respect to construction of house and they have falsely been implicated in this case.
Learned Special P.P. has opposed the prayer for prearrest bail of the appellants on the ground of maintainability of the appeal.
Having heard both sides and in view of facts and circumstances, let appellants Nos. 1 to 3 and 5, above named, surrender before the court of Special Judge and pray for regular bail, which shall be considered on its own merit and on the basis of submission made above, without being prejudiced by this order, preferably on the same day.
So far appellant No.4 is concerned, in the facts and circumstances and as she is lady, let her surrender within a period of six weeks and on her so surrendering she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the
Patna High Court CR. APP (SJ) No.2262 of 2017 (3) dt.04-09-2017 3/3 satisfaction of Additional Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur, in connection with SC/ST P.S. Case No. 10 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Appellant will co-operate in investigation of the case, failing which her bail bond shall be cancelled.
With the above observation, this appeal is disposed of.
(Vinod Kumar Sinha, J) spal/- U