Golu Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1799 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -BELAGANJ District- GAYA ======================================================

1. Golu Kumar, Son of Shailendra Verma, resident of Village- Dariyapur, P.S.- Belaganj, District- Gaya.

2. Anmol Kumar, son of Binod Prasad, resident of Village- Lalu Bigha, P.S.- Khijarsarai, District- Gaya.

3. Satish Kumar, son of Akhilesh Singh, resident of Village- Dariyapur, P.S.- Belaganj, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Umesh Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2017 The appellants seek regular bail in connection with Belaganj P.S. Case No. 132 of 2017, registered for offences punishable under Sections 341, 323, 325, 504 and 506 of Indian Penal Code and Section 3(1) (X) of SC/ST (POA) Act. Allegation against the appellants that they abused the appellant by taking her caste name.

It has been submitted on behalf of the appellants that appellant no. 2 has already filed a case against the informant and her husband and only to save her skin from that case, she has filed the present false case, which will appear from the fact that no

Patna High Court CR. APP (SJ) No.1799 of 2017 (2) dt.03.07.2017 2/3 specific allegation has been assigned to any of the appellants. Further appellants are in custody since 04.05.2017. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed, let the appellants above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand)each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Gaya, in connection with Belaganj P.S. Case No. 132 of 2017, subject to the following conditions:- (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 will not induce any witness or tamper with the evidence.

(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court CR. APP (SJ) No.1799 of 2017 (2) dt.03.07.2017 3/3 prosecution will free to move for cancellation of their bail bonds.

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