Subodh Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1921 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1921 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Subodh Yadav son of Late Gori Yadav, Resident of Mohalla- Sirsa, P.S. Muffasil, Katihar, District- Katihar .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Suresh Prasad Sah @ Baranwal For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The appellants seek pre arrest bail in connection with Muffasil (Katihar) P.S.Case No.71 of 2017, registered for offences punishable under Section 376 of the Indian Penal Code and section 3(i)(x) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellant is of abusing the informant by taking caste name and also about outraging the modesty of the informant.

It is submitted on behalf of the appellant that the case has been lodged on the basis of a complaint petition. It is full of contradiction and no such occurrence has taken place. Heard learned Special P.P. also, who has opposed the prayer for pre-arrest bail on the ground that the case is not maintainable.

Let appellant surrender before the court of Special Judge

Patna High Court CR. APP (SJ) No.1921 of 2017 (2) dt.05-07-2017 and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of submission made by the appellant and the materials available on the record and he shall dispose of the same on the same day, if possible, without being prejudiced by the order of this Court.

With the above direction, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U