Jhagaru Singh And ORS v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2498 of 2017 (4) dt.10-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2498 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Jhagaru Singh, Son of Jhapash Singh,

2. Chandra Shekhar Kumar @ Chandrashekhar Kumar @ chandra Shekhar Kr. Son of sri Jhagaru Singh,

3. Tara Devi W/o Sri Jhagaru Singh,

4. Gariban Singh Son of Babulal Singh @ Babu Lal Singh, All are Resident of Village- Desari, P.S.- Desari, District- Vaishli. .... .... Appellants/s

Versus

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

For the Appellants/s : Mr. Y.C. Verma, Sr. Adv. For the Respondent/s : Mr. Binay Krishna, Spl. P.P. For informant : Smt. Rina Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 The appellants seeks pre arrest bail in connection with Desari P.S. Case No. 105 of 2017, registered for offences punishable under Sections 341, 323, 354(B), 379, 504/34 of Indian Penal Code and section 3(i)(r)(s), 3(ii)(v)(a) of SC/ST Act. Allegation against the appellants is of abusing the informant by caste name and also tried to molest the daughter of the informant.

It has been submitted on behalf of the appellants that as a matter of fact he has lodged a case against the informant and her family members for kidnapping of his daughter with whom son of informant had forcibly married and kept her in their house and

Patna High Court CR. APP (SJ) No.2498 of 2017 (4) dt.10-10-2017 with a view to put pressure on the appellants, the present false case has been filed.

Heard learned Special P.P. as well as learned counsel for the informant, they have opposed the prayer stating that content of the F.I.R. clearly shows that a case under Section 3 of SC/ST Act is made out against the appellants.

Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellants, as such, this appeal is not maintainable.

Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the above submissions of learned counsel for the appellants, shall pass an appropriate order, preferably 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) sunil/- U T