Sidheshwar Prasad @ Babuanand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1403 of 2017 Arising Out of PS.Case No. -592 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Sidheshwar Prasad @ Babuanand S/o Ram Bali Yadav R/o Village - Doghra Tola, P.S. - Bihta, District - Patna.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The appellant seeks pre arrest bail in connection with Bihta P.S. Case No. 592 of 2016, registered for offences punishable under Sections 420, 465, 468, 341, 504 and 506/34 of the Indian Penal Code and Section 3(1)(ix)(x) of SC/ST (POA) Act.

Allegation against the appellant is of abusing the informant by caste name and also of threatening him. It has been submitted on behalf of the appellant that there is no allegation that the appellant has abused the informant in public place as the written statement itself shows that the incident took place inside the house of the appellant. It has further been submitted that for the same occurrence, a complaint petition has also been filed by the informant, in which no allegation of abusing

the informant has been levelled against the appellant. Learned Special P.P. could not controvert the above submission of learned counsel for the appellant. Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed, let the appellant above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna, in connection with Bihta P.S. Case No. 592 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without

showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T