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Patna High CourtCR. APP (SJ)/1141/2019disposed

Prince Kumar Pandey v. The State Of Bihar

2019-03-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1141 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- KOCHAS District- Rohtas ====================================================== PRINCE KUMAR PANDEY, Son of Rama Shankar Pandey, Resident of Village-Ghevada, Police Station-Kochas, District-Rohtas. ... ... Appellant

Versus

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

For the Appellant/s :

Mr. Rajeev Roy with Mr. Surendra Kumar Choubey, Advocates For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 21.2.2019 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Rohtas at Sasaram, in Registered Case No. 297 of 2018 filed by the appellant, by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Kochas P.S.Case No. 180 of 2018, registered under Sections 448, 354, 341, 323, 379, 506, 34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellant is that he entered inside the house and tried to drag the daughter of the informant and on hulla informant woke up and caught the appellant but he succeeded in fleeing away. Further allegation is that the informant found several articles of his house were missing and there is also allegation of abusing him by caste name.

Patna High Court CR. APP (SJ) No.1141 of 2019 dt.29-03-2019 2/2 Submission of learned counsel for the appellant is that during investigation the informant has not supported the prosecution case in his restatement and the matter has been compromised also. Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the appellant. However, if the appellant surrenders and makes prayer for regular bail within a period of six weeks, the same shall be considered on the basis of the submissions made above as well as the materials available on record and, if possible, to be disposed of on the same day.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date