Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2964 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -SC/ST District- NAWADA ====================================================== Rohit Kumar, Son of Uday Singh, Resident of Mohalla- Shiv Mandir, New Area Nawada, P.S. and District- Nawada.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Pankaj Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard learned counsel for the appellant.

This appeal has been filed for grant of pre-arrest bail in connection with Nawada SC/ST P.S. Case No. 11 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504 of the Indian Penal Code and Sections 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 14.9.2017 passed by Additional Sessions Judge-I-cum-Special Judge, Nawada.

Allegation against the appellant is of abusing the informant by taking her caste name and one co-accused assaulted her by road and further allegation against the appellant and others is of assaulting her by belt and fists and slaps. It appears that

Patna High Court CR. APP (SJ) No.2964 of 2017 (2) dt.17-10-2017 2/2 occurrence took place as informant requested to pay her dues. Submission of learned counsel for the appellant is that no such occurrence has taken place and he has falsely been implicated in this case.

Heard learned Special P.P., who has opposed the prayer for pre-arrest bail on the ground of maintainability. Having heard both sides and in view of the allegation, this appeal is not maintainable.

However, let appellant surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

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