Ratan Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1872 of 2017 Arising Out of PS.Case No. -329 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ratan Sah, S/o Late Bigu Sah,
2. Yogendra Sah, S/o Late Bigu Sah,
3. Sarswati Devi, W/o Ravindra Sah,
4. Lalmuni Devi, W/o Ratan Sah,
5. Bhiring Sah, So Tulsi Sah,
6. Shanti Devi, W/o Bhiring Sah,
7. Bhadai Sah, S/o Late Nathuni Sah, All are resident of Belwa Rai, P.S.- Turkauliya, District- East Champaran.
8. Subhash Sah, S/o Sheoshankar Sah, Resident of Village- Bediban Madhuban, P.S.- Pipra, District- East Champaran. .... .... Appellants
Versus
The State of Bihar.
.... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Ramakant Yadav, Advocate For the Respondent/s : Mr. Binay Krishna, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 Heard learned counsel for the appellants and learned Special P.P.
This appeal has been filed for setting aside the order the order dated 18.4.2017 passed in A.B.P. No. 606 of 2017 by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, East Champaran, Motihari, arising out of Turkauliya P.S.Case No. 329 of 2016 registered for the offences under Sections 341, 323, 354B, 307, 504/34 of the Indian Penal Code and 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and
Patna High Court CR. APP (SJ) No.1872 of 2017 (2) dt.04-07-2017 2/2 for grant of pre-arrest bail to the appellants. Allegation against all eight appellants is that they have abused the informant by taking her caste name and they have objected to the parcha received by her and when son of informant came to rescue her they have also assaulted him. It has been submitted on behalf of the appellants that a title suit is pending with respect to the land in question between the parties and reason behind the lodging of case is to create pressure upon them.
Having heard both sides and in view of facts and circumstances, as stated above, let appellants surrender and make prayer for regular bail, which will be considered by the Special court below on the basis of the submission made above as well as on the basis of allegation and pass appropriate order, if possible, on the same day.
This appeal is, accordingly, disposed of.
(Vinod Kumar Sinha, J) spal/- U