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Patna High CourtCR. APP (SJ)/1452/2017disposed

Harendra Singh v. The State Of Bihar

2017-07-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1452 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -RISHIUP District- AURANGABAD ======================================================

1. Harendra Singh son of Goverdhan Singh resident of village - Amauna, P.S. - Risiup, Dist. - Aurangabad.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Vijay Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks pre arrest bail in connection with Risiup P.S.Case No.04 of 2017 registered for offences punishable under Sections 341, 323, 325 & 34 Indian Penal Code and Section 3(1), 3(1)s, (r), 3(ii) (va) of SC/ST (Prevention of Atrocities) Act. Submission of the learned counsel for the appellant is that there is allegation of abusing the informant by taking caste name but it was not in public view and there is allegation of assault but there is no injury on the person of the informant. Heard learned Special P.P. also, who has opposed the prayer for bail on the ground that there is allegation against the appellant of abusing him by taking caste name in the public view. Having heard both sides and in view of the allegation, this appeal is not maintainable.

Patna High Court CR. APP (SJ) No.1452 of 2017 (3) dt.01-07-2017 2/2 Let appellant surrender before the special court and make prayer for regular bail, which will be considered by the court of Special Judge on the basis of materials available on the record and he will dispose of the same, if possible on the same day. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U