Bithal Nath Tripathi @ Dr. Vithal Nath Tripathi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.44 of 2019 Arising Out of PS. Case No.-6 Year-2018 Thana- SC/ST District- Buxar ======================================================

1. Bithal Nath Tripathi @ Dr. Vithal Nath Tripathi

2. Gokul Nath Tiwari Both are sons of Late Basudeo Tripathi @ Basdeo Tiwari

3. Lalit Kumar Tripathi @ Lalit Raman Tripathi son of Madan Mohan Tripathi

4. Manju Devi wife of Lalit Kumar Tripathi

5. Abhay Tripathi son of Lalit Kumar Tripathi

6. Baijnath Yadav son of Late Yamuna Yadav

7. Suresh Yadav@ Suresh Singh son of Late Bihari Yadav All are resident of village- Nandan, P.S- Dumraon, Dist- Buxar ... ... Appellant/s

Versus

1. The State of Bihar Bihar

2. Sheo Muni Mochi @ Sheomuni Ram Late Korill Mochi @ Korill Ram Resident of village- Nandan, P.S- Dumraon, Dist- Buxar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Devi Das Srivastava For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 21-02-2019 Heard the parties.

The appellants are apprehending their arrest in connection with SC/ST Buxar P.S.Case No.6 of 2018 corresponding to SC/ST Case No.47 of 2018 , registered for offences punishable under Sections 147, 148, 323, 324, 354, 509, 506 of the Indian Penal Code and Sections 3(1)(r)(s)(t)(v)(w)(i) (v)of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellants as per FIR is that the informant was working in the Thakurwari and they were abused by the appellants outside the Thakurwari and assaulted them. Submission of the learned counsel for the appellants is that the allegation is general in nature and moreover the final form has been

Patna High Court CR. APP (SJ) No.44 of 2019 dt.21-02-2019 2/2 submitted not finding the case true but the cognizance has been taken by the learned Special Judge.

Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail stating that the injuries were found simple of the informant and the CT scan was advised.. Having heard both sides and in view of the facts and circumstances, as stated above , let the appellants , above named, in the event of arrest or surrender before the learned Special Judge within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I cum Special Judge, SC/ST court, Buxar in connection with SC/ST, Buxar P.S.Case No.6 of 2018 corresponding to SC/ST Case No.47 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this appeal is allowed. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date