Sukat Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2845 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sukat Sahani, son of Kuis Sahani, resident of Village- Majhar Godhia Tola, P.S.- Pakari Dayal, District- East Champaran. .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Dhurendra Kumar For the Respondent/s : Smt. Usha Kumari No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard learned counsel for the appellant.
This appeal has been filed for grant of pre-arrest bail in connection with Pakaridyal P.S. Case No. 145 of 2016 registered for the offences punishable under Sections 147, 149, 341, 323, 325, 354A, 436, 504, 506, 120B of the Indian Penal Code and 3(v)(xi)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 10.8.2017 passed by Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, East Champaran, Motihari.
Allegation against the appellant is of threatening the informant and also of removing her from her house. Further there is allegation of setting her house on fire.
Submission of learned counsel for the appellant is that
Patna High Court CR. APP (SJ) No.2845 of 2017 (2) dt.16-10-2017 2/2 there is general and omnibus allegation against all the accused persons and no specific allegation is attributed against him and further co-accused persons have been granted bail. Heard learned Special P.P., who has opposed the prayer for pre-arrest bail on the ground of maintainability. Having heard both sides and in view of the facts and circumstances, this appeal is not maintainable. Let the appellant, above named, surrender and pray for bail, which shall be considered by the learned Special Judge on the basis of submission, as stated above, as well as materials available on record and he will pass appropriate order without being prejudiced by this order, preferably on the same day. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U