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Patna High CourtCR. APP (SJ)/2214/2017disposed

Ganesh Rai v. The State Of Bihar

2017-08-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2214 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ganesh Rai son of Bhuwar Rai, resident of village -Chintamanpur, PSMehsi, District-East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Karandeep Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 This appeal is for grant of pre arrest bail in connection with Mahesi P.S. Case No. 78 of 2016 registered for the offences under section(s) 341, 323, 504, 506/34 of the Indian Penal Code. and section 3 (i) (x) of the SC/ST Act.

Allegation against the appellant is of assaulting the informant and others and also abusing the informant by taking her caste name.

Submission of the learned counsel for the appellant is that there is a case and counter case between the parties and the occurrence took place only on some petty issue between the children of the parties. Further submission is that the parties have settled the dispute outside the Court.

Heard learned Special Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court CR. APP (SJ) No.2214 of 2017 (2) dt.01-08-2017 2/2 circumstances, as stated above, this appeal is not maintainable. Let the appellant surrender before the court below and make prayer for regular bail, which will be considered by the Special Court on the basis of submission as stated above and also considering the fact that parties have settled the dispute, the Special Court will dispose of the bail application of the petitioner without being prejudiced by the order of this Court, if possible on the same day, With the above observation/direction, this appeal is disposed of.

(Vinod Kumar Sinha, J) Mahesh/- U T