Jaurdin Alam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1944 of 2017 Arising Out of PS.Case No. -171 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jaurdin Alam @ Jordin Alam, Son of Allauddin,
2. Suraj Kumar @ Suraj, Son of Shivcharan Sah @ Shivcharan Sahani, Resident at In front of Chailaha State Bank, P.S.- Banjaria, District- East Champaran.
.... .... Appellants
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Amit Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 Heard learned counsel for the appellants and learned Special P.P.
This appeal has been filed for setting aside the order the order dated 2.6.2017 passed in A.B.P. No. 1274 of 2017 by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, East Champaran at Motihari, arising out of Turkaulia P.S.Case No. 171 of 2017 registered for the offences under Sections 341, 509, 504, 354(b)/34 of the Indian Penal Code and 3(1)(r)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of pre-arrest bail to the appellants. Allegation against the appellants as per FIR is that they misbehaved with the girl and tried to outrage her modesty.
Patna High Court CR. APP (SJ) No.1944 of 2017 (3) dt.08-08-2017 2/2 It has been submitted on behalf of the appellants that the whole prosecution case is false and concocted as no such allegation has been made in the FIR itself and further the parties have settled the dispute.
Learned Special P.P. has opposed the prayer stating that mere perusal of FIR it appears that prima facie case under Section 3(i)(r) of the Act is made out against the appellants, as such, this appeal for pre-arrest bail is not maintainable. Having heard both sides and considering the facts and circumstances, this appeal is not maintainable, rather appellants to surrender and make prayer for regular bail, which will be considered by the Special court below on its own merit, without being prejudiced by this order, preferably on the same day. This appeal is, accordingly, disposed of.
(Vinod Kumar Sinha, J) spal/- U