Ram Ekbal Sah @ Ram Ekbal And ORS v. The State Of Bihar
Patna High Court CR. APP (SJ) No.1724 of 2017 (3) dt.02-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1724 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -BELA District- SITAMARHI ======================================================
1. Ram Ekbal Sah @ Ram Ekbal,
2. Ram Kailash Sah, Both Sons of Late Hari Narayan Sah,
3. Kapal Sah @ Kapildeo Sah, Son of Sri Yogendra Sah,
4. Anjay Sah @ Anjay Kumar, Son of Ram Pratap Sah, All Resident of Village- Bhujauliya, P.S.- Bela, District- Sitamarhi. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Jagdish Kumar Mr. Virendra Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The appellants seek pre arrest bail in connection with Bela P.S. Case No. 159 of 2016, registered for offences punishable under Sections 341, 323, 504, 506, 363, 498/34 of Indian Penal Code and section 3(1)(S) of SC/ST Act.
Allegation against the appellants is of abusing the informant by caste name.
It has been submitted on behalf of the appellants that informant has filed the present case only on the suspicion as his son was traceless but thereafter, his son has been recovered and now the matter has now been settled between the parties. Heard learned Special P.P. also.
Patna High Court CR. APP (SJ) No.1724 of 2017 (3) dt.02-08-2017 Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellants, as such, this appeal is not maintainable.
Let appellant surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellants that now the matter has been settled between the parties, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T