Guddu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1579 of 2017 Arising Out of PS.Case No. -58 Year- 2015 Thana -PARASI District- JEHANABAD ======================================================

1. Guddu Yadav, son of Sri Jagdeep Yadav

2. Deepak Yadav, son of Sri Ghhana Yadav @ Ghanna Yadav

3. Sihani Yadav, son of Sri Chhaligan Yadav @ Chatigan Yadav, all residents of village Amara, P.S. Parashi, District Arwal .... .... Appellants

Versus

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

For the Appellant/s : Mr. Jitendra Pandey For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2017 Heard learned counsel for the appellants.

This appeal has been filed for grant of pre-arrest bail in connection with Parashi P.S.Case No. 58 of 2015 registered for the offences punishable under Sections 341, 323, 504 of the Indian Penal Code and 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 17.1.2017 passed by Additional Sessions Judge-I, Jehanabad.

Allegation against the appellants is of abusing the informant by taking his caste name.

Submission of learned counsel for the appellants is that no such occurrence has taken place and they have falsely been implicated in this case and further submission is that allegation of

Patna High Court CR. APP (SJ) No.1579 of 2017 (10) dt.22-11-2017 2/2 abuse is not in public place and, as such, the offence under SC/ST Act is not made out against them.

Heard learned Special P.P., who has opposed the prayer for pre-arrest bail on the ground of maintainability. Having heard both sides and considering the facts and circumstances of the case, this appeal is not maintainable. Let appellants, above named, surrender within a period of six weeks and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U