Anisha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2448 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anisha Devi, W/o Sanjay Singh resident of Village Balua, P.S. Paharpur, District - East Champaran.
.... .... Appellant
Versus
The State of Bihar.
.... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Ajay Kumar Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.
This appeal has been filed for grant of pre-arrest bail in connection with Paharpur P.S. Case No. 14 of 2016 registered for the offences punishable under Sections 341, 342, 323, 353 of the Indian Penal Code and 3(i)(x) of SC/ST Act and for setting aside the order dated 27.7.2017 passed by 1st Additional Sessions Judgecum-Special Judge, East Champaran, Motihari. Allegation against the appellant is of snatching of register of informant and abusing him by taking his caste name. Submission of learned counsel for the appellant and others were protesting against behavior of the informant, as such, the present case has been lodged making false allegation. Further
Patna High Court CR. APP (SJ) No.2448 of 2017 (3) dt.20-09-2017 2/2 submission is that other co-accused has been granted regular bail by this Court, which will appear from impugned order itself. Learned Special P.P. has opposed the prayer for prearrest bail of the appellant on the ground of maintainability. Having heard both sides and in view of facts and circumstances, this appeal is not maintainable. However, let appellant surrender within a period of six weeks before the court of Special Judge, who will consider the prayer for bail on the basis of submission made above, specially the fact that other co-accused has been granted bail by this Court and further appellant is lady and he will dispose of the bail application, preferably on the same day, without being prejudiced by this order.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U