Raja Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1719 of 2017 Arising Out of PS.Case No. -223 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raja Rai, Son of Kamleshwar Rai,

2. Sheo Chandra Yadav @ Sheo Chandra Rai,

3. Bir Chandra yadav @Bir Chandra Rai,

4. Satrudhan Yadav @ Rajendra Prasad Yadav, All are Sons of Rajendra Rai @ Rajendra Prasad Yadav, All are Residents of Village- Deopur Parsa Tola Maharangi, P.S.- Kalyanpur, District- East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Vijay Shankar Shrivastava For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard the parties.

The appellants are apprehending their arrest in Kalyanpur P.S. Case No.223 of 2015 for the offences under Sections 447, 341, 342, 323, 325, 307, 504, 34 of I.P.C. and Section 3 (1)(X) of the SC/ST Act.

Allegation as per the F.I.R. against the appellants is of abusing and assaulting the husband of the informant and causing fracture injury to him also.

Submission of the learned counsel for the appellants is that, as a matter of fact, the husband of the informant fell down and he received injury. The appellants took him to his house.

Patna High Court CR. APP (SJ) No.1719 of 2017 (3) dt.21-08-2017 2/2 Heard learned Special A.P.P. also who opposed the prayer on the ground of enmity.

Having heard both sides and in view of the facts and circumstances, as state above, this appeal is not maintainable, rather the appellants to surrender before the court of Special Judge and pray for regular bail, who will consider on the basis of the aforesaid submission as well as materials available on the record on its own merit without being prejudiced by this order on the same day.

With the aforesaid observation, this appeal stands disposed of.

(Vinod Kumar Sinha, J) AnilKrSinha/- U