Pramod Sah @ Pramod Kr. Sah v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4546 of 2018 Arising Out of PS. Case No.-54 Year-2017 Thana- SC/ST District- Jamui ====================================================== Pramod Sah @ Pramod Kr. Sah, Son of Kishori Sah, R/o village- Hansdih, P.S and District- Jamui ... ... Appellant

Versus

1.

The State Of Bihar 2.

Armila Devi, wife of Saryug Manjhi R/o village- Uchjhandi, P.S and District- Jamui ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Amrendra Kumar For the Respondent/s :

Smt Usha Kumari No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 16-04-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 30.8.2018 passed by Additional District Judge-I, Jamui, in A.B.P. No. 827 of 2019 filed by the appellant, by which learned A.D.J. has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Jamui SC/ST P.S.Case No. 54 of 2017, arising out of Complaint Case No. 1272C of 2014, registered under Sections 323, 341, 354, 504 of the Indian Penal Code and Sections 3(i)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellant is that when the complainant/informant demanded her wages, he refused to pay her and she was abused and assaulted by the appellant and other accused persons. Submission of learned counsel for the appellant is that other coaccused persons have been granted anticipatory bail by this Court vide

Patna High Court CR. APP (SJ) No.4546 of 2018 dt.16-04-2019 2/2 judgment dated 11.12.2018 passed in Cr.App.(SJ) No. 3740 of 2018 and the Sections of IPC are bailable.

Heard learned Special P.P., who has opposed the prayer for anticipatory bail of the appellant on the ground that there is specific allegation against the appellant of abusing her by caste name and she was also assaulted by the appellant and she was forced to work without paying her due wages. Having heard both sides and in the facts and circumstances, as stated above. I am not inclined to grant the privilege of anticipatory bail to the appellant. However, if he surrenders and makes prayer for regular bail, the same shall be considered on its own merit and, if possible, to be disposed of on the same day.

The appeal stands dismissed.

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