Patna High CourtCR. APP (SJ)/2171/2017disposed

Munchun Kewat v. The State Of Bihar

2017-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2171 of 2017 ====================================================== Munchun Kewat, son of Mangal Kewat, resident of village Sohrarva, P.S. Morkahi, District Khagaria .... .... Appellant

Versus

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

For the Appellant/s : Mr. Ranjeet Kumar Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 3.7.2017 passed in A.B.P. No. 14 of 2017 by Additional Sessions Judge-I, Khagaria, arising out of Morkahi P.S.Case No. 72 of 2017, G.R.No. 1544 of 2017, registered for the offences under Sections 341, 323, 379, 354, 504, 506 of the Indian Penal Code and 3(i)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of pre-arrest bail to the appellant.

Allegation against the appellant as per FIR is that he entered the house of the informant and abused her by taking her caste name and undressed her and also assaulted her. It has been submitted on behalf of the appellant that on perusal of FIR it appears that allegation is false and no case is

Patna High Court CR. APP (SJ) No.2171 of 2017 (2) dt.31-07-2017 2/2 made out against him under the SC/ST Act as no such occurrence has taken place.

Learned Special P.P. has opposed the prayer stating that mere perusal of FIR it appears that prima facie case under Section 3(i)(r) of the Act is made out against the appellant, as such, this appeal for pre-arrest bail is not maintainable. Having heard both sides and considering the facts and circumstances, this appeal is not maintainable, rather appellant to surrender and make prayer for regular bail, which will be considered by the Special court below on the basis of the submission made above as well as on the basis of allegation and pass appropriate order, if possible, on the same day. This appeal is, accordingly, disposed of.

(Vinod Kumar Sinha, J) spal/- U