Gorka @ Gorakh Mal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No. 1152 of 2019 Arising Out of PS. Case No.-624 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Gorka @ Gorakh Mal Son of Ganga Saw Resident of Village - Tulsi Mandi, P.S.- Alamganj, Distt - Patna.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Pramod Kumar For the Respondent/s :
Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 24.01.2019 passed by the learned Special Judge, SC/ST Act, Patna in ABP No. 504 of 2019 arising out of Alamganj P.S.Case No. 624 of 2018 (Special Case No. 556 of 2018) registered under Sections 323, 341, 354, 504 and 506/34 of the Indian penal Code and Sections 3(i)(b) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellants and other accused persons is that they tried to drag the informant and when her husband came to save her she was also assaulted and threatened to kidnap her son. Appellant is named in the FIR. Submission of learned counsel for the appellant is that
Patna High Court CR. APP (SJ) No. 1152 of 2019 dt.01-04-2019 2/2 only to extort money, present case has been lodged and allegation of abusing by caste name appears to be interpolation. Heard learned Spl. P.P also who has opposed the prayer for anticipatory bail stating that there is allegation of dragging the informant, a lady, by the appellant.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order, if possible, on the same day. (Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date