Radha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1256 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Radha Devi, wife of Suresh Prasad Ray, resident of Village- Dumaria Bhatta, P.S. Kishanganj, District- Kishanganj. .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Amal Kumar Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-05-2017 Heard learned counsel for the appellant and learned Special P.P.
This appeal has been filed for setting aside the order the order dated 24.3.2017 passed by Special Judge, Kishanganj, in A.B.P. No. 6 of 2017, arising out of Kishanganj Mahila P.S.Case No. 03 of 2017, registered for the offences under Sections 376, 341, 324, 504, 506/34 of the Indian Penal Code and 4/6 of POCSO Act, including offence under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of anticipatory bail to the appellant.
Allegation as per FIR is that daughter of the informant was raped by son of the appellant and further allegation is that when the informant had gone to make complaint to the appellant
Patna High Court CR. APP (SJ) No.1256 of 2017 (2) dt.25-05-2017 2/2 and her husband they abused him.
It has been submitted on behalf of the appellant that main allegation is against son of the appellant and she is his mother and there is no specific allegation that she abused the informant and others.
Learned Special P.P. has opposed the prayer stating that mere perusal of FIR it appears that prima facie case under the provisions of SC/ST Act is made out against the appellant, as such, this application for pre-arrest bail is not maintainable. Having heard both sides and considering the facts and circumstances, this application is not maintainable, rather appellant surrender and make prayer for regular bail, which will be considered by the court below on the basis of the submission made above as well as on the basis of allegation and pass appropriate order, if possible, on the same day.
This appeal is, accordingly, disposed of.
(Vinod Kumar Sinha, J) spal/- U