Krishna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1139 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Krishna Sah Son of Late Bunni Sah, Resident of Village- Fulwaria (Shera), P.S.- Lauriya, District- West Champaran.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2017 Heard learned counsel for the appellant.

The appellant has filed the instant appeal in terms of Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act against an order dated 09.03.2017 passed by the learned 1st Additional Sessions Judge-cum- Special Judge, West Champaran in connection with A.B.P. No. 175 of 2017 relating to Lauriya P.S. Case No. 200 of 2016, registered for the offence punishable under Sections 341, 323. 324, 379, 506, 447, 504 of the I.P.C. and Sections 3(i)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby and whereunder prayer for anticipatory bail made on behalf of the appellants has been rejected.

Allegation against the appellant is when the appellant

Patna High Court CR. APP (SJ) No.1139 of 2017 (3) dt.16-05-2017 2/2 was cutting ridge of his land, the daughter-in-law of the informant forbade him for doing so, upon which he assaulted her and abused and also snatched her earring and other articles from her. It has been submitted on behalf of the appellant has nothing to do with the daughter in-law of the informant and he has been falsely implicated in this case due to previous enmity and further the injuries are simple in nature, which will appear from Annexure-3.

Heard learned Special P.P. also.

Heard both sides and in view of the fact, as stated above, I am not inclined to grant privilege of pre-arrest bail to the appellants. However, the appellant may surrender in the court below and pray for regular bail which shall be considered by the court below on the basis of the fact that the injuries are simple in nature and pass an appropriate order in accordance with law. Accordingly, with the aforesaid observation, this appeal is dismissed.

(Vinod Kumar Sinha, J) BTiwary/- U T