Vikash Kumar @ Vikash Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4741 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- SC/ST District- Bhojpur ======================================================
1. Vikash Kumar @ Vikash Kumar Singh, Son of Hare Ram Singh,
2. Ranjai Kumar Singh, Son of Nand Kumar Singh,
3. Krishna Kumar Singh, Son of Nand Kumar Singh,
4. Suraj Kant Singh @ Surya Kant Singh, Son of Gorakh Singh,
5. Manish Kumar Singh, Son of Harelal Singh,
6. Munga Lal Singh, Son of Nand Lal Mahto,
7. Harelal Singh, Son of Manrakhan Singh, All are residents of Village- Sahodih, Police Station- Sahpur, District- Bhojpur.
... ... Appellants
Versus
The State Of Bihar ... ... Respondent ====================================================== Appearance :
For the Appellant/s :
Mr.Anil Kumar, Advocate For the Respondent/s :
Mr.Sadanand Paswan, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 6.11.2018 passed by Additional District Judge-I, Bhojpur at Ara, in A.B.P. No.1612 of 2018 by which learned District Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Bhojpur SC/ST P.S.Case No. 13 of 2018, registered under Sections 147, 148, 341, 323, 325, 448, 379, 354B, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s)(w) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Allegation against the accused persons, including the appellants is of trying to outrage the modesty of the informant and also of assaulting and abusing her and when her father-in-law came to save her he was also assaulted by accused persons, causing injury.
Patna High Court CR. APP (SJ) No.4741 of 2018 dt.04-02-2019 2/2 Submission of learned counsel for the appellants is that earlier her father-in-law has lodged a case against the appellants with respect to the same occurrence and they have compromised the matter and thereafter the present case has been lodged.
Heard learned Special P.P. and learned counsel for the informant. They have opposed the prayer for anticipatory bail. Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional District Judge-I, Bhojpur at Ara, in connection with Bhojpur SC/ST P.S. case No. 13 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.
Accordingly, the appeal is allowed and the impugned order dated 6.11.2018 is set aside.
(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date