Bipin Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2237 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Bipin Kumar Singh son of late Jintendra Prasad Singh

2. Ashok Kumar Singh son of Late Jitendra Prasad Singh

3. Savitri Devi wife of Late Jitendra Prasad Singh All resident of village Pagra P.S. Dalsingsarai, District Samastipur .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Jitendra Narain Sinha For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 Heard the parties.

The appellants seek pre arrest bail in connection with Dalsinghsarai P.S.Case No.58 of 2017, registered for offences punishable under Sections 341, 323, 379/34 of the Indian Penal Code and section 3(i)®(x) of SC/ST (Prevention of Atrocities) Act.

Allegation as per F.I.R. against the appellants is of abusing him by taking caste name and also of assaulting. Submission of the learned counsel for the appellants is that the false and concocted case has been lodged at the instance of one Birendra Singh by the informant as a Title Suite is going on from before between the parties but in the meantime, Birendra Singh has got sale-deed executed and in order to grab the land, he

Patna High Court CR. APP (SJ) No.2237 of 2017 (2) dt.04-08-2017 2/2 has got lodged this case against them.

Heard learned Special P.P. also.

Having considered both sides and in view of the above facts, this appeal is not maintainable. Let the appellants surrender and make prayer for regular bail before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order, who will consider the aforesaid aspect of the matter and will dispose of the prayer for bail 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) chn/- U T