Tuntun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1536 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- MAKER District- Saran ====================================================== 1.

TUNTUN RAY Son of Jamadar Ray.

2.

Yogendra Rai @ Jogi Ray, Son of Late Ramraj Ray, All above resident of Village- Fulwariya Tole Kapshahar, Police StationMaker, District- Saran at Chapra. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Satya Prakash For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 17-04-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Maker P.S.Case No.159 of 2018 , registered for offences punishable under Sections 341, 323, 379, 354, 436/34 of the Indian Penal Code and Section 3(1)(N)(S) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act. Allegation as per FIR is that the appellants and other accused persons came to the house of the informant abused him and tried to outrage the modesty of his 'Bhabhi' and threatened him. It is also alleged that on the next day, they came, set the hut on fire, damaged the property and also took away Rs.22,000/-. Submission of the learned counsel for the appellants is that as a matter of fact the informant has constructed their hut on 'Garmajarua' land, which was being

Patna High Court CR. APP (SJ) No.1536 of 2019 dt.17-04-2019 2/2 objected by the appellants and due to that, this present case has been lodged and both the parties have compromised the case, which will appear from Annuxre -2. Heard learned Spl.P.P. also.

Having heard both sides and considering the fact that there is general and omnibus allegation and submission of the learned counsel for the appellants is that the compromise has been reached between the parties, as such let the appellants, above named, in the event of arrest or surrender before the learned Special Judge within a period of six weeks from the date of receipt of the order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Ist Addl. Sessions Judge, Saran at Chapra in connection with Maker P.S.Case No.159 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

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