Dipu Kumar @ Ravi Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2725 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BELAGANJ District- GAYA ====================================================== Dipu Kumar @ Ravi Bhushan Kumar son of Ram Naresh Singh, Resident of village Rauna, P.S. Belaganj, District Gaya. .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Avinash Shekhar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard the parties.
The appellants seek pre arrest bail in connection with Belaganj P.S.Case No.99 of 2017 registered for offences punishable under Sections 341, 323, 354/34 of the Indian Penal Code and section 3(i)(xi) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellant is of abusing and threatening and also assaulting the informant, however, submission of the learned counsel for the appellant is that as a matter of fact husband of Mukhia is in the habit of lodging such type of cases and creating obstruction in discharging the official duty and in support of his contention, he has filed several documents passed by the public authorities and the appellant is a villager.
Heard learned Special P.P. also, who has opposed the
Patna High Court CR. APP (SJ) No.2725 of 2017 (2) dt.18-09-2017 2/2 prayer for anticipatory bail on the ground of maintainability.. Having considered both sides and in view of the fact that the appeal is not maintainable, let the appellant surrender and make prayer for regular bail on the basis of submissions as stated above before the court of learned special judge, who will consider the aforesaid submissions.
Considering all aspects of the matter, the learned Special judge will dispose of the prayer for bail of the appellant on the same day.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U T