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Patna High CourtCR. APP (SJ)/4393/2018allowed

Ram Japo Sah @ Ram Kumar Sah And ORS v. The State Of Bihar

2019-01-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4393 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ======================================================

1. Ram Japo Sah @ Ram Kumar Sah

2. Sharwan Sah @ Shrawan Sah S/O Ram Japo Sah @ Ram Kumar Sah

3. Hemant Kumar Sah @ Vakil S/O Ram Japo Sah @ Ram Kuamr Sah

4. Kamli Dive W.O Ram Japo Sah @ Ram Kuamr Sah

5. Sulekha Devi W/O Sharwan Sah all residents of village Sisauna P.S.Kusheshwar Asthan,District Darbhanga ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Vinay Kumar Mishra For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Kusheswar AsthanP.S.Case no.80 of 2018 , registered for offences punishable under Sections 341, 323, 354/34 of the Indian Penal Code and Section 3(i)(r)(s) of S.C./S.T. Prevention of Atrocities Act.

Allegation against the appellants is of abusing by caste name and assaulting the informant.

Submission of the learned counsel for the appellants is that there is case and counter case and there is land dispute between the parties due to that the present case has been lodged.

Patna High Court CR. APP (SJ) No.4393 of 2018(3) dt.16-01-2019 2/2 Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will 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 1st Additional Sessions Judge cum Special Judge (SC/ST POA) Act, Darbhanga in connection with Kusheswar Asthan P.S.Case No.80 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order is set aside.

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