Jamir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2112 of 2020 Arising Out of PS. Case No.-477 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== 1.

Jamir Mian Son of Late Kanai Mian, Resident of Village- Khaira Tola, P.S.- Nautan, District- West Champaran.

2.

Raju Prasad @ Raju Kumar Prasad Son of Late Bhagwat Prasad, Resident of Village- Khaira Tola, P.S.- Nautan, District- West Champaran. 3.

Suman Prasad @ Suman Patel Son of Late Shivlal Prasad, Resident of Village- Khaira Tola, P.S.- Nautan, District- West Champaran. 4.

Kisan Prasad @ Krishna Kumar Son of Late Shivlal Prasad, Resident of Village- Khaira Tola, P.S.- Nautan, District- West Champaran. 5.

Bitu Prasad @ Bitu Kumar Patel @ Biltu Prasad Son of Sri Badari Prasad, Resident of Village- Khaira Tola, P.S.- Nautan, District- West Champaran. 6.

Badari Patel @ Badari Prasad Son of Late Bhagwat Prasad, Resident of Village- Khaira Tola, P.S.- Nautan, District- West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Umesh Chandra Verma For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-02-2021 Heard learned counsel for the appellants and learned counsel for the State.

The appeal is admitted.

In this appeal, the appellants are seeking anticipatory bail in connection with Nautan P.S. Case No. 477 of 2019 registered for offence punishable under sections 341, 323, 354B, 379, 504, 506/34 of the Indian Penal Code and sections 3 (i) (r) (t) and 3 (2) (v-a) of the SC/ST (POA) Act.

Allegation has been made that the dispute between the

Patna High Court CR. APP (SJ) No.2112 of 2020(2) dt.08-02-2021 2/2 parties arose on account of construction of boundary wall and the appellants started filthy abuses against the informant. Further allegation has been made that the sari of the informant had been wrapped in her neck by the accused persons and they have also caused injury in the chest of victim and put her house in fire. Learned counsel for the appellants submits that there is no allegation that she has been abused by her caste name but dispute arose in between two labourers on account of construction of boundary wall.

There is case and counter case from both sides. Looking to the facts and circumstances of the case, during the pendency of the appeal, the appellants above named, in the event of arrest or surrender before the court below within six weeks from today, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, SC & ST Act, West Champaran, Bettiah in connection with Nautan P.S. Case No.477 of 2019. This order has been passed in presence of Mr Binay Krishna, learned counsel for the State.

(Shivaji Pandey, J) Mahesh/- U T