Patna High CourtCR. APP (SJ)/4350/2018allowed

Nathuni Singh @ Chhedi Singh And ORS v. The State Of Bihar

2019-01-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4350 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- DINARA District- Rohtas ======================================================

1. Nathuni Singh @ Chhedi Singh Son of Late Bhuneshwar Singh.

2. Hare Ram Kumar @ Hare Ram Singh Son of Nathuni Singh @ Chhedi Singh.

3. Mantu Singh, Son of Nathuni Singh @ Chhedi Singh, All are the resident of Village- Jigana, P.S. Dinera, District- Rohtas. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Dhaneshwar Prasad Gupta For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Registered Case No.173 of 2018 arising out of Dinera P.S.Case no.171 of 2018 , registered for offences punishable under Sections 447, 427, 379, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s) of SC/ST Prevention of Atrocities Act.

Allegation against the appellants is that he came to the house of the informant and damaged the toilet and also wall as well as abused the informant by taking caste name. Submission of the learned counsel for the appellants is that there is delay of six day in lodging the FIR and no specific allegation has been attributed against any of

Patna High Court CR. APP (SJ) No.4350 of 2018(3) dt.03-01-2019 2/2 them of taking caste name.

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 Ist Additional Sessions Judgecum- Spl. Court SC/ST, Rohtas at Sasarm in connection with Reg. Case No.173 of 2018 arising out of Dinera P.S.Case no.171 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 dated 18.9.2018 is set aside.

(Vinod Kumar Sinha, J) chn/- U