Bharat Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1141 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -SC/ST District- BHOJPUR ======================================================

1. Bharat Singh S/O Late Baleshwar Singh

2. Satrugan Singh S/O Late Baleshwar Singh Both are resident of village Judha P.S. Mufasil, District- Bhojpur, Ara. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Uday Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the appellants as well as learned Special Public Prosecutor.

Allegation against the appellants is of taking caste name of the informant and abusing as well as assaulting her. It is submitted on behalf of the appellants that there is a case a counter case between the parties and it looks absurd that both the appellants being brother, committed such offences together. Heard learned Special P.P., who has opposed the prayer for bail stating that there is prima facie allegation against the appellants under Section 3(i)/r(s), 3 (1)(w)(i) of S.C./S.T. (Prevention of Atrocities) Act.

Having heard both sides and in view of allegation prima facie, I am not inclined to grant pre arrest bail to the appellants rather let the appellants surrender before the learned court below

Patna High Court CR. APP (SJ) No.1141 of 2017 (2) dt.15-05-2017 2/2 and make prayer for regular bail, which will be considered by the court below on the basis of submissions as made above and will pass appropriate order without being prejudiced by the order of this Court, if possible on the same day.

Accordingly, this appeal is dismissed with the above observation.

(Vinod Kumar Sinha, J) chn/- U