Parvej Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1826 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -SALKHUA District- SAHARSA ======================================================
1. Parvej Alam Son of Yusuf Alam, Resident of Village- Katghara, Police Station- Salkhua, District- Saharsa.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Md. Harun Quareshi For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 The appellant seeks pre arrest bail in connection with Salkhua P.S.Case No.20 of 2017, registered for offences punishable under Sections 341, 323, 379, 325, 354, 504 & 506/34 of the Indian Penal Code and section 3(i)(x) of SC/ST (Prevention of Atrocities) Act.
Allegation against the appellant is that he assaulted by 'rod' on the head of the informant and abused him by taking his caste name.
Submission of the learned counsel for the appellant is that this case is made out under Section 3 (i) (x) of the S.C./S.T. (Prevention of Atrocities) Act and further so far allegation of assault is concerned, the same is simple in nature, which will appear from the supervision note of the S.D.P.O.
Patna High Court CR. APP (SJ) No.1826 of 2017 (2) dt.04-07-2017 2/2 Heard learned Special P.P. as well as learned counsel for the informant. They have opposed the prayer for pre arrest bail stating that he has abused the informant and further there is allegation of assault by 'rod' on the head of the informant. Having considered both sides and in view of the submission, this case is not maintainable.
Let the appellant surrender before the special court and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of injuries on the person of the informant and considering the same, he will pass appropriate order, if possible on the same day without being prejudiced by the order of this Court.
With the above direction, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U