Bhagirathi Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2011 of 2017 Arising Out of PS.Case No. -591 Year- 2016 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================
1. Bhagirathi Mahto.
2. Gorakh Mahto. Both sons of Vijay Mahto. Both residents of VillageGandhi Nagar, P.S. Dehri, District Rohtas. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ramchandra Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 Heard the parties.
The appellants seek pre arrest bail in connection with Dehri (Nagar) P.S.Case No.591 of 2016 registered for offences punishable under Sections 447, 341, 323, 325, 504 and 506/34 of the Indian Penal Code and section 3(i)(s) of SC/ST (Prevention of Atrocities) Act.
Allegation against appellants as per F.I.R. is of filing the case earlier filed by the informant and also abusing him. Submission of the learned counsel for the appellants is that earlier also there was case and counter case between the parties and at present also a counter case has been filed by the appellants with a view to put pressure on the appellants. Heard learned Special P.P. also, who has opposed the prayer for bail on the ground that a case is made out under Section
Patna High Court CR. APP (SJ) No.2011 of 2017 (2) dt.17-07-2017 2/2 3 of S.T./S.T. (Prevention of Atrocities) Act. Having considered both sides, since the appeal is not maintainable, let the appellants surrender before the court of Special Judge and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of submissions as advanced by the learned counsel for the appellants and considering this aspect of the matter, he will dispose of the prayer for bail, 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 T