Patna High CourtCR. APP (SJ)/918/2017disposed

Kishori Sah And ORS v. The State Of Bihar

2017-06-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.918 of 2017 Arising Out of PS.Case No. -27 Year- 2013 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Kishori Sah Son of Late Jang Bahadur Sah,

2. Akhilesh Sah Son of Kapil Sah,

3. Mukesh Sah Son of Kapil Sah, All are Resident of Village- Kartahan Jagdishpur, P.S.- Jagdishpur, DistrictMuzaffarpur. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mrs. Bela Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2017 The appellants seek anticipatory bail in connection with Kartaha P.S. Case No.27 of 2013 registered for the offences punishable under Sections 341, 323, 447, 427, 504/34 of the Indian Penal Code and Section 3(i) (x) of the SC/ST (Prevention of Atrocities) Act, 1989.

Allegation against the appellants, as per FIR, is that they have assaulted the informant and also abused him by taking his caste name.

It has been submitted on behalf of the appellants that there is general and omnibus allegation against the appellants. Nothing specific has been attributed against the appellants. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.918 of 2017 (4) dt.22-06-2017 Having heard both sides, in view of having prima facie allegation against the appellants under Section 3(1)(r) of the SC/ST Act, this appeal for grant of anticipatory bail is not maintainable, rather appellants to surrender before the special court and make prayer for regular bail before the special court which will be considered by the court on the basis of the materials as well as submissions advanced by the learned counsel for the appellants specially the fact that no specific allegation has been attributed against any of the appellant and after considering the same dispose of their application, if possible on the same day. With the above observation, this appeal is disposed of.

Arvind/- (Vinod Kumar Sinha, J) U T