Mantu Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3585 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- PAUTHU District- Aurangabad ====================================================== Mantu Pathak son of Late Ghanshyam Pathak, Resident of village Pauthu, P.S.pauthu, District Aurangabad ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajiv Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Pauthu P.S.Case no.47 of 2018 , registered for offences punishable under Sections 341, 323, 354 of the Indian Penal Code and Section 3(i)(r), 3(i)(s), 3(i)(w)(i) and 3(2(va) of S.C./S.T. (Prevention of Atrocities) Act.

Allegation against the appellant is that he abused by taking caste name and also assaulted by fists and slaps while the informant was returning from Sewing Centre. Submission of the learned counsel for the appellant is that as a matter of fact the father of the informant was Bataidar of the appellant and as he has taken the land back, that is why the present false and concocted case has been lodged. Heard learned A.P.P. also, who has opposed

Patna High Court CR. APP (SJ) No.3585 of 2018(2) dt.07-01-2019 2/2 the prayer for bail stating that the witnesses have supported the prosecution case of abusing by taking caste name and also of assault.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant surrender before the learned special judge within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned special judge without being prejudiced by the order of this Court and if possible to be disposed of on the same day.

With the aforesaid observation, this appeal is disposed of.

(Vinod Kumar Sinha, J) chn/- U