Mokhatar Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3223 of 2017 Arising Out of PS.Case No. -294 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mokhatar Mian Son of Rajjak Miya,
2. Md. Kamaruddin @ Kamruddin Mian Son of Late Wakil Miya,
3. Eklakh Mian @ Parvez Alam Son of Dilshad Mian All Resident of Village-Chargaha Kachahari Tola, P.S.-Turkauliya, District-East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard the parties.
The appellants seeks pre arrest bail in connection with Turkauliya P.S.Case No.294 of 2017 registered for offences punishable under Sections 341`, 323, 324, 307, 354B, 379, 504 and 509 of the Indian Penal Code, Sections 3 / 4 of Prevention of Witch Craft Practices Act and Section and Sections 3(i)(x) of SC/ST (Prevention of Atrocities) Act.
Allegation against the appellants is of abusing the informant by taking caste name and also abusing by making other words. Further allegation against the appellant no.1 is of stabbing. Submission of the learned counsel for the appellants
Patna High Court CR. APP (SJ) No.3223 of 2017 (2) dt.17-11-2017 2/2 is that only due to village politics, they have been implicated in this case. No such occurrence has taken place. Heard learned Special P.P. also, who has opposed the prayer for bail on the ground of maintainability. Having heard both sides, this appeal is not maintainable.
Let the appellants surrender before the court of learned Special Judge and make prayer for regular bail, which will be considered by the learned Special Judge on its own merit without being prejudiced by the order of this Court. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U T