Ram Chandra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.704 of 2017 Arising Out of PS.Case No. -432 Year- 2014 Thana -AHIAPUR District- MUZAFFARPUR ======================================================
1. Ram Chandra Rai Son of Late Ramautar Rai,
2. Gita Devi, Wife of Late Yogendra Rai,
3. Lal Babu , Son of Late Shivji Rai,
4. Mishri Lal Rai, Son of Rup Lal Rai,
5. Ajit Sah S/o Baiju Prasad Gupta, All are resident of Village- Chak Mohabbat, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Hans Lal Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-06-2017 The appellants seek pre arrest bail in connection with A.B.P. No.914 of 2016 (Ahiyapur P.S.Case No.432 of 2014), registered for offences punishable under Sections 143, 341, 323, 307, 379 & 354 Indian Penal Code and section 3(i)(x) of SC &ST (Prevention of Atrocities) Act.
Allegation against the appellants is that they caught hold the informant and his sister and also abused them by their caste name and also humiliated and assaulted them.
It has been submitted on behalf of the appellants the appellants have been falsely implicated in this case and now the parties have settled the dispute outside the court and there is a case and counter case between the parties.
Patna High Court CR. APP (SJ) No.704 of 2017 (4) dt.29-06-2017 2/2 Heard learned Special P.P. also, who has opposed the prayer for bail, stating that there is prima facie allegation against the appellants.
Having heard both sides and in view of allegation, this appeal is not maintainable.
Let appellants surrender before the special court within a period of four weeks and make prayer for regular bail, which will be considered on its own merit on the basis of submissions as advanced by the learned counsel for the appellants and will pass 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) chn/- U