Surendra Ojha @ Surendra Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1460 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -SANDESH District- BHOJPUR ====================================================== Surendra Ojha @ Surendra Kumar Ojha, S/o Late Prasann Ojha, R/o Village Khandal, P.S.- Sandesh, District- Bhojpur. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Ravindra Kumar, Advocate : Mrs. Krishna Kumari, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPL PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks pre-arrest bail in connection with A.B.P. No. 62/17 arising out of Sandesh P.S. Case No. 179/16 registered for offences punishable under sections 448, 341, 323, 504 and 506 of Indian Penal Penal and Section 3 (I) (r) (s) & 3(2) (v) (a) SC/ST (Prevention of Atrocities) Act. Allegation against the appellant is that he entered into the house of the informant and abused her in the name of Harijan and caste name Dhobi on the point of selling of eggs. When she fled inside the house then he also entered in the house and thrown her on the ground and started assaulting with legs and fists due to which she became injured. Appellant always used to threaten her to leave the village as she belongs to a weaker caste Dalit (Harijan).

Patna High Court CR. APP (SJ) No.1460 of 2017 (2) dt.01-07-2017 2/3 It has been submitted on behalf of the appellant that he is innocent and has committed no offence. It has been further submitted that the real fact is that son of the informant, namely, Birendra Rajak always used to hear filthy song in full volume to which objection was raised and in annoyance of this fact this false case is filed.

Heard both sides.

Considering the aforementioned facts and circumstances, this appeal is allowed, let appellant surrender before the Court of Special Judge within a period of four weeks and on his so surrendering the Court below will release him on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Bhojpur, Ara in connection with Sandesh P.S. Case No. 179/16, subject to the following conditions:- (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 disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the

Patna High Court CR. APP (SJ) No.1460 of 2017 (2) dt.01-07-2017 3/3 Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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