Patna High CourtCR. APP (SJ)/4492/2018allowed

Kunal Kumar v. The State Of Bihar

2019-01-23Mr. Justice Vinod Kumar Sinha2 pages

+IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.4492 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- MEHUSH District- Sheikhpura ====================================================== Kunal Kumar Son of Botal Singh @ Mukesh Kumar, Residents o VillageMubarakpur, Police Station- Mehus, District- Sheikhpura. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bipin Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 23-01-2019 The appellant seeks pre arrest bail in connection with Mehush P.S. Case No. 29 of 2018 (SC/ST Case No. 124 of 2018), registered for offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(R) (S) (W)(ii) of SC/ST Act.

Allegation against the appellant and other co-accused person, namely, Krishna Kumar, dashed the informant with their bicycle and on protest, they abused her. Thereafter all the accused persons came to the house of informant and abused her by caste name and also assaulted her.

It has been submitted on behalf of the appellant that the allegation of abusing the informant is against co-accused Krishna Kumar and not against the appellant and so far

Patna High Court CR. APP (SJ) No.4492 of 2018 dt.23-01-2019 2/2 allegation of assault is concerned, the same has been levelled against several persons and no specific allegation has been attributed to the appellant.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Sheikhpura, in connection with Mehush P.S. Case No. 29 of 2018 (SC/ST Case No. 124 of 2018), subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order, with respect to the present appellant is set aside. (Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.01.2019 Transmission Date 25.01.2019