Ram Dular Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5229 of 2019 Arising Out of PS. Case No.-316 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

RAM DULAR SINGH Son of Late Raghuwansh Singh Resident of VillageNiv, P.S.- Shiv Sagar (Baddi O.P.), District- Rohtas. 2.

Gandhi Singh S/o Ram Dular Singh Resident of Village- Niv, P.S.- Shiv Sagar (Baddi O.P.), District- Rohtas.

3.

Chotan Singh @ Chhotan Singh S/o Ram Dular Singh Resident of VillageNiv, P.S.- Shiv Sarar (Baddi O.P.), District- Rohtas ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bhaskar Shankar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 11.11.2019 passed in Sheosagar (Baddi O.P.) P.S.Case no.316 of 2019 for the offences punishable under Sections 385, 354(B), 341, 323, 324, 379, 506, 34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST Act by the learned Addl. Sessions Judge Ist, Rohtas at Sasaram whereby and whereunder, the appellants' application for grant of anticipatory bail has been rejected.

As per FIR, allegation against the appellants is that when

Patna High Court CR. APP (SJ) No.5229 of 2019(2) dt.02-12-2019 2/2 the informant demanded wages, he has been abused by taking caste name , assaulted him and they are not paying wages. Submission of the learned counsel for the appellants is that there is case and counter case between the parties and some of the appellants have received grievous injuries also. Allegation of abuse and demand of wages are false and concocted. Hard learned Special P.P. also.

Having heard both sides and in view of allegation, I am not inclined to grant privilege of anticipatory bail, however, this appeal is disposed of with a direction that if the appellants surrender before the learned court belwo and pray for regular bail before the learned Special Judge, he will consider the materials against the appellants as well as submissions as made above and if possible to dispose of the application for bail on the same day.

With the above direction, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U