Vijay Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1519 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Vijay Sharma, son of Late Baijnath Sharma, R/o Gayatri Colony Takichak, P.S. Habibpur, District- Bhagalpur.

2. Dilip Sharma, Son of Dhiro Sharma

3. Sanjay Sharma, Son of Dhiro Sharma, Both are residents of villageDiwakarkitta, P.S. Shahkund, District- Bhagalpur. .... .... Appellants

Versus

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

For the Appellant/s : Mr. Satish Chandra Mishra, Advocate : Mr. Md. Nurul Hoda, Advocate For the Respondent/s : Mr. Binay Krishna, SPL PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellants seek pre-arrest bail in connection with Shahkund P.S. Case No. 02/2017 registered for offences punishable under sections 302, 201/34 of the I.P.C. and under Sections 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellants is that the son of the informant, namely, Pramod Pasi was working in the family of the appellants and illicit relation developed between him and the wife of Vijay Sharma. Thereafter, appellant Vijay Sharma told to kill the son of informant. After some days informant heard that dead body of her son was lying in the outskirt of the village, then she gave her statement that all the appellants have killed her son.

Patna High Court CR. APP (SJ) No.1519 of 2017 (2) dt.01-07-2017 2/2 It has been submitted on behalf of the appellants that relatives of the appellants have dragged them in this case and has been falsely implicated on mere suspicion with malafide intention. 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, this appeal is not maintainable. Let appellants surrendered before the Court of Special Judge and make prayer for regular which will be considered by the learned Special Judge considering the aforesaid aspect of the matter as well as material available on record, and dispose of the prayer for bail of the appellant without being prejudiced by the order of this Court, if possible on the same day. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) veena/- U T