Ajit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1196 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ====================================================== Ajit Kumar Singh son of Kameshwar Singh, R/v Bajrkona, P.S. Kudra, Distt. Kaimur .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sunil Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The appellant seeks pre arrest bail in connection with SC/ST Bhabhua P.S. Case No. 42 of 2015, registered for offences punishable under Sections 341, 323, 325, 504, 506 and 109/34 of the Indian Penal Code and section 3(i)(x)(xi) of SC/ST Act. Allegation against the appellant and other accused person is that they assaulted the son of the informant and abused the informant and her family members by taking her caste name. It has been submitted on behalf of the appellant that there is general and omnibus allegation against the appellant and no allegation of abusing by caste name has been attributed to him. Heard learned Special P.P. also.
Having heard both sides, in view of the fact and circumstances of the case, this appeal is allowed, let appellant, above named surrender before the Court of Special Judge within a period of six weeks and on so surrendering he may be released on bail after furnishing bail bonds of Rs. 25,000/- with two sureties of the like
Patna High Court CR. APP (SJ) No.1196 of 2016 (8) dt.09-10-2017 2/2 amount to the satisfaction of the learned Judicial Magistrate 1st Class, Bhabhua Kaimur in connection with Bhabhua SC/ST P.S. Case No. 42 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant shall cooperate in investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sushma/- U