Rajendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.381 of 2017 Arising Out of PS.Case No. -65 Year- 2015 Thana -BISHUNPUR District- DARBHANGA ====================================================== Rajendra Sah & Ors .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Girish Chandra Jha For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2017 The appellants seek pre arrest bail in connection with Bishanpur P.S. Case No. 65 of 2015, registered for offences punishable under Sections 341, 323, 504, and 34 of Indian Penal Code and section 3(i)(x) of SC/ST Act.

Allegation against the appellants is of abusing the informant by taking his caste name.

It has been submitted on behalf of the appellants that there is civil dispute between the parties and as such he has falsely been implicated in this case and only in order to make the case serious allegation under the SC/ST Act has been levelled. 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 appellants, as such, this appeal is not

Patna High Court CR. APP (SJ) No.381 of 2017 (4) dt.03-07-2017 2/2 maintainable.

Let appellants surrender before the special court and make prayer fore regular and if any such application is filed, the special court after considering the submission of learned counsel for the appellant and also after considering the materials available on record, 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