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Patna High CourtCR. APP (SJ)/1327/2019disposed

Jitendra Singh v. The State Of Bihar

2019-04-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1327 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- SC/ST District- East Champaran ====================================================== 1.

JITENDRA SINGH Son of Late Chandradeo Singh 2.

Munni Devi W/o Jitendra Singh Both resident of Village - Salempur, P.S.- Rajepur, Distt.- East Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-04-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Motihari (SC/ST) P.S.Case No.116 of 2018 , registered for offences punishable under Sections 341, 323, 354(A), 504, 506/34 of the Indian Penal Code and Section 3(i)(a)(g)(r)(s) (x) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellants is that as the husband of the informant deposed against them as such they were threatening and abusing by caste name and also assaulted her husband and when she went to save him, she was also assaulted and they tried to disrob her. It is also alleged that they have also surrounded her land. Submission of the learned counsel for the appellants is that Anil Kumar has lodged a Title Suit against the informant and others due to that the present case has been lodged. There is no specific allegation and the injuries are also simple in nature.

Patna High Court CR. APP (SJ) No.1327 of 2019 dt.05-04-2019 2/2 Heard learned Spl.P.P. , who has opposed the prayer for bail on the ground that as the husband of the informant has deposed that they have abused and assaulted. . Heard the parties.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the appellants, however, the appellants are directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this appeal is dismissed. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date