Ram Jageshwar Mahto And ORS v. The State Of Bihar
Patna High Court CR. APP (SJ) No.2526 of 2017 (3) dt.21-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2526 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -SC/ST District- SITAMARHI ======================================================
1. Ram Jageshwar Mahto Son of Panchan Mahto,
2. Ram Nandan Mahto Son of Late Rudal Mahto,
3. Monam Kumari D/o Ram Jageshwar Mahto, All Resident of VillageMirzadpur, P.S.-Sahiyara, District-Sitamarhi. .... .... Appellants/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellants/s : Mr. Virendra Kumar For the Respondent/s : Smt Usha Kumari No-1 For Informant : Mr. Ashok Kumar Sinha. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 The appellants seek pre arrest bail in connection with Sitamarhi SC/ST P.S. Case No. 40 of 2017, registered for offences punishable under Sections 341, 323, 448, 504, 506 and 34 of Indian Penal Code and section 3(1)(r)(w)(s) of SC/ST Act. Allegation against the appellants is of abusing the informant by his caste name and also assaulting him. It has been submitted on behalf of the appellants that there is case and counter case between the parties and no such occurrence as alleged has ever taken place.
Heard learned Special P.P. also as well as learned counsel for the informant, they have opposed the prayer for bail on the ground of maintainability.
Patna High Court CR. APP (SJ) No.2526 of 2017 (3) dt.21-09-2017 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 maintainable.
Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellants that there is case and counter case between the parties and one of the appellants is unmarried lady, 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