Sonu Mian @ Raish Raion v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3746 of 2018 Arising Out of PS. Case No.-36 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== Sonu Mian @ Raish Raion S/o Md. Rustam Ali @ Rustam Mian @ Bhola, Mian, R/o Vill.- Jalalpur, Methwalia, P.S.- Revilganj, District- Saran at Chapra.

... ... Appellant/s

Versus

The State Of 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 : 17-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Revilganj P.S.Case No.36 of 2018 , registered for offences punishable under Sections 279, 337, 338, 307, 504, 506, 323, of the Indian Penal Code and Section 3(i)(x) of S.C./S.T. (Prevention of Atrocities) Act.

Allegation against the appellant is of dashing the cycle of the informant due to which his son fell down, received injuries and later on he died. Submission of the learned counsel for the appellant is that at best the case comes under the purview of Section 304 of the IPC as that was not intentional. Heard learned Spl.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the FIR clearly shows that the action of the appellant was intentional and he has also abused the informant by taking caste name.

Patna High Court CR. APP (SJ) No.3746 of 2018 dt.17-01-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of the anticipatory bail rather let the appellant , above named, surrender before the court below within a period of six weeks from the date of order and make prayer for regular bail which will be considered by the learned Special Judge without being prejudiced by the order of this Court.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.1.2019 Transmission Date 18.1.2019