Narayan Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.917 of 2019 Arising Out of PS. Case No.-54 Year-2018 Thana- SC/ST District- Muzaffarpur ====================================================== 1.

NARAYAN SAH Son of Ram Avtar Sah @ Ram Autar Sah 2.

Ram Avtar Sah @ Ram Autar Sah, Son of Late Bajri Sah, 3.

Anu Devi Wife of Narayan Sah, All are resident of Village-Mahmada, P.S.-Baruraj, District-Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Yugal Kishore For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 12-03-2019 Heard the parties.

The appellants are apprehending their arrest in connection with SC & ST P.S.Case no.54 of 2018 dated 14.10.2018 G.R.No.254 of 2018 , registered for offences punishable under Sections 447, 504, 341, 323, 324, 379/34 of the Indian Penal Code and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellants is of abusing the informant by caste name and also of assault.

Submission of the learned counsel for the appellants is that the FIR itself shows that the stool had been passed in front of the house of the appellant and further the informant is in the habit of taking benefit of SC/ST Act, which will appear from Annexures 3 and 4 of this petition.

Heard learned Spl.P.P. also.

Patna High Court CR. APP (SJ) No.917 of 2019 dt.12-03-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ 11th cum Special Judge, SC/ST, Muzaffarpur in connection with SC & ST P.S.Case No.54 of 2018 dated 14.10.2018, G.R.No.254 of 2018, subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

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