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Patna High CourtCR. APP (SJ)/2371/2017disposed

Satish Kumar @ Satish Yadav v. The State Of Bihar

2017-08-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2371 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -SC/ST District- JEHANABAD ======================================================

1. Satish Kumar @ Satish Yadav, S/o Rajeshwar Yadav, Resident of Village- Narayanpur, P.S.- Makhdumpur, Tehta O.P., District- Jehanabad. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Dhirendra Kumar Sinha For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

The appellant is apprehending his arrest in Jehanabad SC/ST P.S.Case No. 17 of 2017 registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code. And 3(2) (va) SC/ST (POA) Act, pending in the court of Sri T.N. Tripathi,A.D.J 1st Jehanabad.

Allegation against the appellant is of assaulting the informant and also abusing the informant by taking his caste name.

Submission of the learned counsel for the appellant is that prior to lodging of this case a case has been lodged against the family members of the informant with respect to the murder of

Patna High Court CR. APP (SJ) No.2371 of 2017 (2) dt.24-08-2017 2/2 the son of the appellant and for that appellant and other accused persons have falsely been implicated in this case. It is also submitted that the appellant is a CRPF personnel. Heard Special P.P. also, who has opposed pre arrest bail of the appellant on the ground of maintainability. Having heard both the sides and in view of the facts and circumstances of the case let the above named appellant surrender in the court below within a period of four weeks from today and pray for regular bail which shall be considered by the learned court below on the basis of materials available on the records specially he is a CRPF personnel and prior to lodging the present case, a case has been lodged against the family members of the informant with respect to the murder of the son of the appellant and pass an appropriate order without being prejudiced by this order if possible on the same day.

This appeal stands disposed of.

(Vinod Kumar Sinha, J) singh/- U