Patna High CourtCR. APP (SJ)/2265/2017disposed

Vijay Singh v. State Of Bihar And ANR

2017-09-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2265 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SC/ST District- JEHANABAD ====================================================== Vijay Singh, son of Late Prayag Singh, R/o Village- Sachai, P.S.- Kurtha, District- Arwal.

.... .... Appellant

Versus

1. The State of Bihar.

2. Ramuna Devi W/o Butan Paswan, R/o Village- Sachai,P.S.- Kurtha,District- Arwal.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of pre-arrest bail in connection with Arwal SC/ST P.S.Case No. 14 of 2017 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 3(i)(c)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the order dated 21.7.2017 passed by Additional Sessions Judge-I, Jehanabad.

Allegation as per FIR against the appellant and other accused persons is of assaulting the informant and her family members and abusing by taking her caste name.

Patna High Court CR. APP (SJ) No.2265 of 2017 (3) dt.08-09-2017 2/2 Submission of learned counsel for the appellant is that there is case and counter case between the parties and land belongs to the appellant. Further submission is that appellant is aged 62 years and he has falsely been implicated in this case. Learned Special P.P. has opposed the prayer for prearrest bail on the ground of maintainability. Having heard both sides and in view of allegation, this appeal is not maintainable.

Let appellant, named above, surrender and pray for regular bail, which shall be considered by the Special Judge on the basis of submission made above, specially considering his age and case and counter case between the parties and he will dispose of the same, if possible, on the same day, without being prejudiced by this order.

Accordingly, this appeal is disposed of.

(Vinod Kumar Sinha, J) spal/- U