Birani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4406 of 2018 Arising Out of PS. Case No.-212 Year-2018 Thana- TARAIYA District- Saran ====================================================== Birani Singh S/o Mithilesh Singh, Resident of Village-Bhatoura, P.S.-Taraiya, District-Saran at Chapra.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Nawal Kishore Singh 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 Taraiya P.S.Case no.212 of 2018 , registered for offences punishable under Sections 341, 323, 354, 504 of the Indian Penal Code and Section 3(1)(R), 3(2)(VA) of S.C./S.T. (Prevention of Atrocities) Act.

Allegation against the appellant is of abusing the informant and also assaulting her and there is also allegation that he used to tease her when she is going to school. Submission of the learned counsel for the appellant is that the informant is Lohar by caste and he has given Rs.75,000/- for preparation of one grill but he has not prepared the grill and when he demanded money she has lodged case and there is no allegation of abusing by taking caste name and all the allegations appear to be ornamental.

Heard learned Spl.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. .

Patna High Court CR. APP (SJ) No.4406 of 2018 dt.17-01-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. 1st Sessions Judge Saran at Chapra in connection with A.B.P. No.2930 of 2018 arsing out of Taraiya P.S.Case No.212 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order is set aside. (Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.1.2019 Transmission Date 18.1.2019