Ram Chandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3808 of 2018 Arising Out of PS. Case No.-67 Year-2017 Thana- SC/ST District- Muzaffarpur ====================================================== Ram Chandra Thakur, Son of Daulat Thakur, Resident of Village- Paroo Babu Tola, P.S.- Paroo, District- Muzaffarpur.

... ... Appellant

Versus

The State of Bihar.

... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Nachiketa Jha For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Appellant seeks pre-arrest bail in connection with SC & ST P.S.Case No. 67 of 2017 registered for the offences punishable under Sections 341, 323, 420, 467, 468, 504, 506/34 of the Indian Penal Code and Section 3(i)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation as per FIR is that the informant has purchased a piece of land from the appellant in the year 2010 and later on at the time of mutation the informant came to know that the appellant has already sold the land to his daughter-in-law and for that Pancayati was held and in Panchayati appellant abused the informant by taking his caste name and also assaulted him.

Submission of learned counsel for the appellant is that the land was sold in the year 2010 and after seven years the present case has been filed and even after Panchayati, which shows falsity of the case. Heard learned Special P.P., who has opposed the prayer for prearrest bail of the appellant.

Patna High Court CR. APP (SJ) No.3808 of 2018(5) dt.03-01-2019 2/2 Having heard both sides and in the facts and circumstances, as stated above, let appellant, named above, surrender in the court below within a period of six seeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XI-cum-Special Judge (ST/ST Act), Muzaffarpur, in connection with Muzaffarpur SC & ST P.S.Case No. 67 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors of the appellant shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and he has to co-operate in investigation, otherwise his bail bond shall be cancelled.

Accordingly, this appeal is allowed and the impugned order dated 22.6.2017 is set aside.

(Vinod Kumar Sinha, J) spal/- U T