Patna High CourtCR. APP (SJ)/1715/2017disposed

Chabil Thakur And ORS v. The State Of Bihar

2017-08-02Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court CR. APP (SJ) No.1715 of 2017 (3) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1715 of 2017 Arising Out of PS.Case No. -439 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Chabil Thakur, Son of Nandkeshwar Thakur,

2. Laxmi Devi, Wife of Chabil Thakur,

3. Ranjeet Thakur, Son of Late Anand Thakur,

4. Karu Thakur @ Amit Thakur, Son of Late Anand Thakur, All Resident of Mohalla- Mayagunj, Kali Ghat, Police Station- Barari, District- Bhagalpur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Vikram Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The appellants seek pre arrest bail in connection with Kotwali (Barari) P.S. Case No. 439 of 2016, registered for offences punishable under Sections 147, 348, 149, 302, 201, 120B of Indian Penal Code and section 3(1)(x)3(2) (v)of SC/ST Act. Allegation against the appellant is of causing death of the son of the informant.

It has been submitted on behalf of the appellants that only false and fabricated case has been lodged against the appellants and in fact the deceased died due to electric shock. Further there is no application of above mentioned Section of SC/ST Act as the informant himself belong to SC/ST category.

Patna High Court CR. APP (SJ) No.1715 of 2017 (3) dt.02-08-2017 Heard learned Special P.P. also.

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, as such, this appeal is not maintainable.

Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellants as stated above and also after verifying the claim of appellants that they also belong to SC/ST category, shall pass an appropriate order, without being prejudiced by the order of this Court.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U