Pramesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1369 of 2017 Arising Out of PS.Case No. -371 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Pramesh Singh S/o Narayan Singh

2. Narayan Singh S/o late Nathuni Singh

3. Shanti Devi W/o Narayan Singh All are R/o Village- Harpur (Nayatola), P.S. Gopalganj, Distt. Gopalganj .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Harendra Prasad For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellants seek pre arrest bail in connection with Gopalganj Town P.S.Case No.371 of 2016, registered for offences punishable under Sections 341, 323, 324 & 379/34 of the Indian Penal Code and section 3(x) of SC/ST (Prevention of Atrocities) Act.

Submissions of the learned counsel for the appellants is that both the informant and the appellants are neighbour and the dispute is with respect to providing A.T.S. injection and instead of providing A.T.S. injection, due to the land dispute, the appellants have been made accused in this case making allegation of abusing her by taking caste name though no such occurrence took place. Heard learned Special P.P. also, who has opposed the

Patna High Court CR. APP (SJ) No.1369 of 2017 (3) dt.01-07-2017 2/2 prayer for pre arrest bail stating that there is allegation of abusing the informant by taking caste name against all the appellants. Having heard both sides and in view of allegation, this appeal is not maintainable.

Let appellants surrender before the court of Special Judge and make prayer for regular bail and the learned Special Judge will consider the prayer for bail considering the individual allegation against each of the appellants and also considering the fact that one of the appellants is a lady, he will dispose of the application for grant of bail of the appellants without being prejudiced by this order of this Court, if possible on the same day. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U