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Patna High CourtCR. APP (SJ)/4824/2018allowed

Balvir Singh And ORS v. State Of Bihar And ANR

2019-02-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4824 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- SC/ST District- East Champaran ======================================================

1. Balvir Singh Son of Bhim Singh Resident of Village - Raghunathpur, P.S.- Raghunathpur O.P., District - East Champaran

2. Asha Kuer Wife of Bhim Singh Resident of Village - Raghunathpur, P.S.- Raghunathpur O.P., District - East Champaran

3. Jasvir Kuer Daughter of Bhim Singh Resident of Village - Raghunathpur, P.S.- Raghunathpur O.P., District - East Champaran ... ... Appellant/s

Versus

1. State Of Bihar and Anr

2. Jhalan Ram So of Late Saryug Ram Resident of Village - Raghunathpur, P.S.- Raghunathpur O.P., District - East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 As prayed for learned counsel for the appellants is permitted to make necessary correction in prayer portion of the appeal.

The appellants seek pre arrest bail in connection with SC/ST P.S. Case No. 96 of 2018, registered for offences punishable under Sections 341, 323, 504, 506, 384, 385 and 34 of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST POA Act. Allegation against the appellant no. 1 is of demand of rangdari of Rs. 5 lacs and allegation appellant nos. 2 and 3 of assaulting the informant and abusing the informant by caste name.

Patna High Court CR. APP (SJ) No.4824 of 2018 dt.05-02-2019 2/2 It has been submitted on behalf of the appellants that they have falsely been made accused in this case on the background of land dispute and further there is only general and omnibus allegation has been attributed to the appellants. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I - cum-Special Judge SC/ST (POA) Act, Motihari, East Champaran, in connection with SC/ST P.S. Case No. 96 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date