Patna High CourtCR. APP (SJ)/488/2017disposed

Lallu Singh And ORS v. The State Of Bihar

2017-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.488 of 2017 Arising Out of PS.Case No. -62 Year- 2014 Thana -SC/ST District- NAWADA ======================================================

1. Lallu Singh, Son of Bindeshwar Singh.

2. Suraj Singh, Son of Sahdeo Singh.

3. Bigal Singh, Son of Suraj Singh.

4. Mithilesh Kumar @ Chhote Kumar @ Choote Singh, Son of Suraj Singh. All are Resident of Village- Dariyapur, P.S.- Warisaliganj, DistrictNawada. .... .... Appellants

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar Arun For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 Heard learned counsel for the appellants.

This appeal has been filed for grant of pre-arrest bail in connection with Nawada SC/ST P.S. Case No. 62 of 2014 registered for the offences punishable under Sections 341, 323, 325, 307 of the Indian Penal Code and 3(i)(r) (s) (u) (w) - (ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 11.11.2016 passed by 1st Additional Sessions Judge, Nawada. Allegation against the appellants is of abusing the informant and also assaulting her by lathi causing on the head of daughter of informant and also causing injury to some other

Patna High Court CR. APP (SJ) No.488 of 2017 (5) dt.10-10-2017 2/2 persons also.

Submission of learned counsel for the appellants is that allegation of abusing is inside the house and not in public view and there is no injury report on record and prosecution case is false and concocted.

Heard learned Special P.P. also, who has opposed the prayer for pre-arrest bail stating that this appeal is not maintainable.

Having heard both sides and in view of allegation, this appeal is not maintainable, rather appellants to surrender within a period of four weeks and pray for regular bail, which shall be considered on the basis of submissions made above as well as materials available on record, without being prejudiced by this order, preferably on the same day.

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