Mukesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1429 of 2017 Arising Out of PS.Case No. -298 Year- 2014 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================
1. Mukesh Kumar, S/o Anil Mistry, resident of Pathan Toli, Hilsa, P.S.- Hilsa, District- Nalanda.
.... .... Appellant/s
Versus
1. The State of Bihar.
2. Deji Devi, W/o Santosh Choudhary, Gabarapar, Hilsa, P.S.- Hilsa, DistNalanda. .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rakesh Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 The appellant seeks pre-arrest bail in connection with Shilsa P.S.Case No.298 of 2014, registered for offences punishable under Section 341, 323, 354(A), 354(N) and 504/34 of the Indian Penal Code and Section and Section 3(i)(xi) of S.C./S.T. (POA) Act.
Allegation against the appellant is that he tried to outrage modesty of the informant and also abused by taking caste name, however, it is submitted on behalf of the appellant that there is delay of one year in lodging the case. Further submission is that other accused has been granted anticipatory bail earlier. Heard learned Special P.P. also.
In view of the facts and circumstances, this appeal is not
Patna High Court CR. APP (SJ) No.1429 of 2017 (3) dt.11-07-2017 2/2 maintainable.
Having heard both sides and in view of the allegation, I am not inclined to grant privilege of anticipatory bail to the appellant, however, let appellant surrender before the Special Court and make prayer for regular bail, which will be considered by the learned Special Judge, considering the delay in filing F.I.R. of one year and another co-accused has been granted bail, he shall dispose of the prayer for bail of the appellant without being prejudiced by the order of this Court.
With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U