Rajesh Gupta @ Rajesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1393 of 2017 Arising Out of PS.Case No. -75 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Rajesh Gupta @ Rajesh Kumar Gupta, Son of Gauri Sah, resident of Village Mirza Chowki, P.S. Mirza Chowki, District- Sahebganj (Jharkhand).

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Praveen Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 1.4.2017 passed in A.B.P. No. 290 of 2017 by Additional Sessions Judge-II-cum-Special Judge, Bhagalpur, arising out of Pirpainty P.S.Case No. 75 of 2014 registered for the offences under Sections 302/34 of the Indian Penal Code and 3(i)(x), 2(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of pre-arrest bail to the appellant.

Allegation against the appellant as per FIR is that dead body of husband of informant was found and appellant has been named by the informant for causing his death.

Patna High Court CR. APP (SJ) No.1393 of 2017 (4) dt.07-08-2017 2/2 It has been submitted on behalf of the appellant that he has falsely been implicated in this case and he has been made accused only on the basis of suspicion and he happens to be owner of the tractor and deceased was driver of the tractor and there is nothing against the appellant.

Learned Special P.P. has opposed the prayer stating that appellant has taken the deceased with him and thereafter dead body was recovered and in view of the provisions of SC/ST Act the appeal is not maintainable.

Having heard both sides and considering the facts and circumstances, this appeal is not maintainable. Let the appellant surrender and make prayer for regular bail, which will be considered by the Special court below on the basis of the submission made above as well as on the basis of materials on record and pass appropriate order, if possible, on the same day, without being prejudiced by this order. This appeal is, accordingly, disposed of.

(Vinod Kumar Sinha, J) spal/- U