Pramod Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1339 of 2016 Arising Out of PS.Case No. -410 Year- 2016 Thana -PHULWARI District- PATNA ======================================================
1. Pramod Kumar,
2. Sujit Kumar, Both sons of Late Kameshwar Prasad, residents of village - Nagwan, Derapar, P.S. Janipur, District - Patna .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sada Nand Roy For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Present appeal has been preferred by the appellants under Section 14Aof the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities ) Act, 1989, for grant of pre arrest bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 410/2015, for the offences punishable under Sections 494, 498(A), 341, 323 and 306 Indian Penal Code and Section 3(i)(x) of SC/ST Act. Allegation against the appellants is that they did not allow the informant's daughter to enter in their house, though brother of the appellants had married her and due to which the deceased consumed poison and died.
It has been submitted on behalf of the appellants that only allegation against the appellants that they did not allow the daughter of the informant to enter into their house and even from
Patna High Court CR. APP (SJ) No.1339 of 2016 (5) dt.16-05-2017 2/2 perusal of F.I.R. itself, no case under the above mentioned sections of Indian Penal Code as well as SC/ST Act is made out against the appellants.
Learned Special Public Prosecutor opposed the prayer for bail and submitted that there materials against the appellant in case diary.
Having heard both sides, in view of the fact and circumstances of the case, I am not inclined to grants the appellant, the privilege of pre-arrest bail, accordingly, this appeal is dismissed.
Let appellants surrender before the court below and make prayer for regular bail, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.
(Vinod Kumar Sinha, J) sunil/- U T