Patna High CourtCR. APP (SJ)/2354/2017disposed

Jamahir Rai And ANR v. The State Of Bihar

2017-10-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2354 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -SALIMPUR District- PATNA ======================================================

1. Jamahir Rai, son of Late Tushan Rai

2. Dhananjay Rai, son of Sri Jawahir Rai Both are Resident of VillageBahadurpur, P.S. Salimpur, District- Patna. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Satya Ranjan Sinha For the Respondent/s : Mr. Sri Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard the parties.

The appellants seek pre arrest bail in connection with Salimpur P.S.Case no.93 of 2017 registered for offences punishable under Sections 341, 323, 354, 379, 448, 504 and 34 of the Indian Penal Code and Section 3(i)(r), 3(1)(w) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellants is of entering inside the house of the informant and abusing & assaulting as well as thrashing the informant on the ground.

Submission of the learned counsel for the appellantx is that the whole prosecution case is false and concocted and nothing has occurred like that and both the parties have settled the dispute.

Patna High Court CR. APP (SJ) No.2354 of 2017 (4) dt.18-10-2017 2/2 Heard learned Special P.P. also.

Having heard both sides.

Having heard both sides and in view of allegation of harassment and humiliation to the informant being a lady, this appeal is not maintainable rather let the appellant surrender before the court of learned Special Judge and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of materials available on the record as well as considering the fact that both the parties have settled the dispute, he will pass appropriate order, if possible on the same day. With the above observation, this appeal is disposed of.

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