Shamshul Ajam @ Bhappu v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1733 of 2017 (3) dt.01-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1733 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -MAHILA P.S DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shamshul Ajam @ Bhappu, son of Late Dost Mohammad Mian, resident of Mohalla- Ansari Tola, P.S.- Bagaha, District- West Champaran. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Bimlesh Kumar Pandey For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 The appellant seeks pre arrest bail in connection with Bagaha Mahila P.S. Case No. 20 of 2016, registered for offences punishable under Sections 498A of the Indian Penal Code and section 3(i)(x)(xi) of SC/ST Act.

Appellant is husband of the informant and allegation against him is of torture and misbehave.

It has been submitted by learned counsel for the appellant that now the informant does not belong to SC/ST category as she herself has stated in divorce petition filed by her that she has embraced the Muslim religion and, therefore, the provisions of SC/ST Act has no application in this case. Further she herself does not willing to live with the petitioner, for which the present false case has been filed.

Patna High Court CR. APP (SJ) No.1733 of 2017 (3) dt.01-08-2017 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 appellant, as such, this appeal is not maintainable.

Let appellant 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 appellant that no specific overt act has been attributed to him, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T