Maheshi Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2907 of 2017 Arising Out of PS.Case No. -182 Year- 2017 Thana -PUPRI District- SITAMARHI ======================================================

1. Maheshi Rai, Son of Buchhawan Rai,

2. Rajaram Rai, Son of Maheshi Rai,

3. Mohan Rai, Son of Maheshi Rai,

4. Premi Rai, Son of Munshif Rai, All resident of Village- Bhitha Jalalpur, P.S.- Pupri, District- Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pushpendra Kumar Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The appellants seek pre arrest in connection with Hajipur Pupri P.S. Case No. 182 of 2017, registered for offences punishable under Sections 341, 323, 354, 504/34 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act.

Allegation against the appellants is of abusing the informant and also of assaulting him.

It has been submitted on behalf of the appellants that only general and omnibus allegations have been levelled against the appellants and no allegation of abusing the informant by caste name has been levelled and there is case and counter case between the parties.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, this appeal is allowed and impugned order is set aside, let the appellants above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District Judge cum Special Judge SC/ST, Act, Sitamarhi, in connection with Pupri P.S. Case No. 182 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part two appear before the police on two consecutive dates without showing any genuine reasons, the

prosecution will be free to move for cancellation of their bail bonds.

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