Rajiv Mahto And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2086 of 2017 (4) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2086 of 2017 Arising Out of PS.Case No. -7 Year- 2014 Thana -MEDANICHOWK District- LAKHISARAI ======================================================

1. Rajiv Mahto son of Bido Mahto

2. Niraj Mahto son of Bido Mahto Both residents of Village - Avgil, Rampur Hussaina, Police Station - Medni Chowki, District - Lakhisarai. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 Heard the parties.

The appellants seek pre arrest bail in connection with Medni Chowki P.S.Case No.07 of 2014, G.R.Case No.199 of 2014, registered for offences punishable under Sections 147341, 323, 504 and 34 of the Indian Penal Code and section 3(i)(x) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellants is of assault is of abusing the informant by taking caste name and also assaulting him.

Submission of the learned counsel for the appellants is that nothing has happened like that and he has been falsely implicated in this case due to village rivalry. Heard learned Special P.P. also, who has opposed the

Patna High Court CR. APP (SJ) No.2086 of 2017 (4) dt.14-09-2017 prayer for privilege of pre arrest bail.

Having heard both sides, this appeal is not maintainable.

Let the appellants surrender before the court of Special Judge within a period of six weeks from the date of receipt/production of a copy of this order and make prayer for regular bail, which will be considered by the learned Special Judge on his own merit without being prejudiced by the order of this Court.

With the above observation, this appeal is disposed of.

(Vinod Kumar Sinha, J) chn/- U