Harendra Prasad @ Dharmendra Prasad v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2162 of 2017 (2) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2162 of 2017 Arising Out of PS.Case No. -32 Year- 2015 Thana -SC/ST District- BHOJPUR ====================================================== HARENDRA PRASAD @ DHARMENDRA PRASAD, son of Late Sri Kishun Prasad resident of village- Hat Pokhar, Police StationJagdishpur, District- Bhojpur. .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Jitendra Kumar Singh, Advocate : Mr. Rajiv Ranjan, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The appellant seeks pre-arrest bail in connection with Bhojpur SC/ST P.S. Case No. 32/2015 registered for the offences punishable under Sections 147, 149, 341, 323, 504 of the Indian Penal Code and under Section 3(i)(v)(x) of SC/ST (POA) Act. Allegation against the appellant is that he abused the informant by taking caste name and other co-accused persons assaulted the informant.

Learned counsel for the appellant submitted that in the FIR allegation of abusing by taking caste name it was occurred at the house of the appellant and not at any public place and there was not other allegation against the appellant. Heard learned Special P.P. also.

Having heard both sides and considering the

Patna High Court CR. APP (SJ) No.2162 of 2017 (2) dt.27-07-2017 aforementioned facts and circumstances, this appeal is allowed, let appellant, above named surrender before the Court of Special Judge within four weeks and on so surrendering he be released on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Bhojpur, Ara, in connection with Bhojpur SC/ST P.S. Case No. 32 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further 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.

(iii) The appellant shall cooperate in investigation before Investigating Officer and make himself available as and when required by the Court and on the event of failure on his part to appear before the 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