Mahant Ram Ratan Das @ Ram Ratan Das v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1163 of 2017 Arising Out of PS.Case No. -1705 Year- 2016 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Mahant Ram Ratan Das @ Ram Ratan Das Disciple of Late Ram Kishore Das, Resident of Village- Rampurwa Math, Police Station- Dumariyaghat, District- East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar.
2. Bablu Kumar Ram, Son of Surendra Ram, Resident of Village- Rampur Khajuria, P.S.- Dumariyaghat, District- East Champaran. .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Dhurendra Kumar, Advocate For the informant : Mr. Sanjay Kumar Mr. J.P. Singh, Advocates For the State : Mr. Smt Usha Kumari No-1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2017 Heard learned counsel for the appellant.
The appellant seeks anticipatory bail in connection with Complaint Case No. 1705 of 2016 filed for offences punishable under Sections 417, 379 of the Indian Penal Code and Section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act.
The allegation, as per the complaint petition, against this appellant is that at the time of demand of due amount of wages of labour by the complainant, the appellant has humiliated and abused him by taking his caste name.
It is submitted on behalf of the appellant that the
Patna High Court CR. APP (SJ) No.1163 of 2017 (3) dt.17-05-2017 2/2 complainant and others have encroached the land of the appellant who is Mahanth of the Math and the appellant has filed a complaint against the complainant and others before the Chairman of the Bihar State Religious Trust Board and thereafter the present case has been lodged against the appellant. Heard learned Spl. P. P. as well as the informant. They have opposed the prayer for anticipatory bail of the appellants on the ground that there is prima facie case made out against the appellants which is apparent from the complaint petition itself and the prayer is not maintainable. Having heard both sides and in view of the fact that there is prima facie case, this Court is not inclined to grant anticipatory bail to the appellant, rather, the appellant should surrender and make prayer for regular bail on the basis of submissions made above and the court below will consider the same and pass appropriate order in accordance with law. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) S.Pandey/- U T