Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.328 of 2021 Arising Out of PS. Case No.-183 Year-2015 Thana- CHANPATIA District- West Champaran ====================================================== Pramod Rai, Son of Uma Rai, Resident of Village - Garabhua Babu Tola, Police Station - Chanpatia (Sirisiya O.P.), District - West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. V.N. Mishra, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2021 Heard the counsel for the parties.

The appellant has challenged the order dated 07.10.2020 passed by the learned 1st Addl. District and Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Bettiah, West Champaran in connection with Sirisiya P.S. Case No. 183 of 2015 (Trial No. 129 of 2017), instituted for the offences under Sections 341, 323, 379, 504 and 506 of the Indian Penal Code and Section 3(i)(x) of the Scheduled

Patna High Court CR. APP (SJ) No.328 of 2021(2) dt.29-06-2021 2/3 Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby his prayer for grant of anticipatory bail has been rejected.

The appellant is said to have tugged the collar of the informant and also abused him by taking his caste name. It has been submitted on behalf of the appellant that his relationship with his master has fallen foul and in that event, only his owner would have subjected him to this kind of ignominy. The appellant is not stated to be any one of the agents of the employer of the informant. Regard being had to the aforesaid submissions, the order dated 07.10.2020, referred to above, is set-aside. The appeal stands allowed.

The appellant, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. District & Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Bettiah, West

Patna High Court CR. APP (SJ) No.328 of 2021(2) dt.29-06-2021 3/3 Champaran in connection with Sirisiya P.S. Case No. 183 of 2015 (Trial No. 129 of 2017), subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T