Ashok Pandey @ Ashok Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1951 of 2017 Arising Out of PS.Case No. -66 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ====================================================== Ashok Pandey @ Ashok Kumar Pandey Son of Late Ram Bachan Pandey, Resident of Village- Khudhia, P.S.- Badi (Sheosagar), District- Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sheo Jee Mishra, Advocate For the Respondent/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

The appellant seeks pre-arrest bail in connection with Dihari S.C. & S.T. P.S. Case No. 66 of 2016, registered under Sections 341,323,354, 504,506/34 of the Indian Penal Code and 3-1-(r) (s) w (i) (ii) of the SC/ST Act.

Allegation against the appellant is of abusing and assaulting the informant by taking her caste name. It has been submitted on behalf of the appellant, is that prior a case had been lodged against the informant and others regarding encroachment and further no place of occurrence has been mentioned in the F.I.R. Hence, no case made out under Section 3 of the SC/ST Act, and the offence of abusing made in

Patna High Court CR. APP (SJ) No.1951 of 2017 (4) dt.18-09-2017 2/2 the house of the appellant.

Heard learned S.P.P. also.

Having heard both the parties and in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellant, as such, this appeal is not maintainable. Let the appellant surrender before the special court within four weeks 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 appellant shall pass an appropriate order, preferably 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) khushbu/- U T