Yogendra Thakur v. The State Of Bihar
N THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No. 2710 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- SC/ST District- Jamui ====================================================== 1.
Yogendra Thakur Son of Late Rameshwar Thakur Resident of Village - Bahadurpur, P.S.- and P.O.- Sikandra, Distt - Jamui. 2.
Vimal Thakur Son of Karu Thakur Resident of Village - Bahadurpur, P.S.- and P.O. - Sikandra, Distt - Jamui.
3.
Sahdeo Thakur Son of Kohlu Thakur Resident of Village - Bahadurpur, P.S.- and P.O. - Sikandra, Distt - Jamui.
4.
Nandu Thakur Son of Baiju Thakur Resident of Village - Bahadurpur, P.S.- and P.O. - Sikandra, Distt - Jamui.
5.
Sandeep Thakur @ Bhola Thakur Son of Rakesh Thakur Resident of Village - Bahadurpur, P.S.- and P.O. - Sikandra, Distt - Jamui. ... ... Appellants.
Versus
The State of Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Akash Raj Mr. Anil Kumar For the Respondent/s :
Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-07-2019 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. The appellants seek pre-arrest bail in connection with Jamui (SC/ST) (POA) P.S. Case No.16 of 2019 registered under Sections 341, 323 & 504/34 of the Indian Penal Code and Section 3 (i) (r)/3 (2) (va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. Appellants and other named accused persons are said to have slated the informant in the name of her caste ad assaulted her by means of legs and fists.
It is submitted by learned counsel for the
Patna High Court CR. APP (SJ) No.2710 of 2019(2) dt.08-07-2019 2/2 appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case. Appellant no.2 happens to be barber and he had gone to the informant for getting his dues which was due and on demand of the same this case was lodged against him and his family members. The allegation of slating the informant levelled against the appellants are not specific rather general and omnibus in nature. Informant has not sustained injury in the occurrence. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposing the prayer for bail submitted that the appellants have slated the informant in the name of his caste, hence they do not deserve bail. Considering the facts and circumstances of case, I am not inclined to enlarge the appellants on bail. The prayer for bail of the appellants is hereby rejected. However, the appellants are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order on the very date of surrender. Accordingly, this appeal is disposed of.
Trivedi/- (Prakash Chandra Jaiswal, J) U T