Shobha Kumari @ Shobha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3976 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- JANKINAGAR District- Purnia ======================================================

1. Shobha Kumari @ Shobha Devi and Ors W/o Bhavesh Thakur

2. Mukesh Kumar Mandal Son of Upendra Mandal

3. Jay Ram Thakur @ Manikant Thakur Son of Shankar Prasad Thakur

4. Uma Thakur @ Umakant Thakur Son of Aghori Thakur

5. Niraj Thakur @ Niraj Kumar Son of Bhavesh Thakur

6. Fuyliya Devi Wife Raghu Sharma All Resident of Rampur Tilak, P.S. Janki Nagar, Distt. Purnea ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pranav Kumar Jha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The appellants seek pre-arrest bail in Special Case SC/ST Case No.16 of 2018 arising out of Jankinagar P.S. Case No.6 of 2018 registered under Sections 406, 420, 341, 323, 504, 506, 379/34 of the I.P.C., and Section 3 (i) (x) of SC/ST Act. Allegation against the appellants six in number is that when the informant went to purchase kerosene oil the appellant no.1had not supplied K.oil as per his demand and on protest she abused the informant and thereafter the appellant had assaulted the informant.

Submission of the learned counsel for the appellants is that no case under Section 3 of the SC/ST (POA)Act as the

Patna High Court CR. APP (SJ) No.3976 of 2018(4) dt.10-01-2019 2/2 allegation of abuse taking caste name is not mentioned there rather there is general in nature.

Heard the learned Special P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the appellants,above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-1st. -cum-Special Judge, Purnea, in Jankinagar P.S.Case No.6 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and bailors of the appellants will be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned. Accordingly, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) aks/- U