Kameshwar Parwat And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3057 of 2017 Arising Out of PS.Case No. -175 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================
1. Kameshwar Parwat
2. Shailender Parwat, both sons of Birender Parwat
3. Ajay Parwat, son of Shailendra Parwat
4. Dewntee Devi, wife of Kameshwar Parwat, all are resident of village Sonwaliya, P.S. Baikunthpur, District Gopalganj .... .... Appellants
Versus
1. State of Bihar
2. Bharat Ram, son of Iner Ram , resident of village Snwaliya, P.S. Baikunthpur, District Gopalganj .... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Pankaj Kumar Dubey For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the appellants.
This appeal has been filed for grant of pre-arrest bail in connection with Baikunthpur P.S.Case No. 175 of 2017, G.R.No. 2559 of 2017, registered for the offences punishable under Sections 341, 323, 354B, 427, 379, 504/34 of the Indian Penal Code and 3(2)(va), 3(1)(g), 3(1)(w) and 3(1)(z) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 14.9.2017 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Gopalganj.
Allegation against the appellants and other accused persons is of abusing the informant by taking his caste name and
Patna High Court CR. APP (SJ) No.3057 of 2017 (3) dt.23-11-2017 2/3 assaulting him.
Submission of learned counsel for the appellants is that so far appellant No.4, namely, Dewntee Devi is concerned, there is no specific allegation against her.
Heard learned Special P.P.
Having heard both sides and considering the facts and circumstances of the case, let appellant No.4, above named, surrender within a period of six weeks and on her so surrendering she shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Gopalganj, in connection with Baikunthpur P.S.Case No. 175 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further conditions as follows :
(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned,
(2) Appellant will co-operate in investigation of the case and appear before the Investigating Officer as and when required, failing which her bail bond shall be cancelled.
Patna High Court CR. APP (SJ) No.3057 of 2017 (3) dt.23-11-2017 3/3 So far appellants Nos. 1, 2 & 3, named above, are concerned, they should surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order, preferably on the same day.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U