Hareram Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1127 of 2016 Arising Out of PS.Case No. -51 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Hareram Sah s/o Trilok Sah, R/o village- Kaupa, P.S.- Karakat, DistrictRohtas .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sudha Chandra For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 This appeal is directed against the order dated 02.05.2016 passed by 1st Additional Sessions Judge, Rohtas at Sasaram, in A.B.P. No. 997 of 2016 arising out of Karakat P.S. Case No. 51 of 2015 registered for offences punishable under Sections 379, 323, 338, 307, 504/34 of the Indian Penal Code and sections 3(X) of the SC/ST (Prevention of Atrocities) Act and section 27 of the Arms Act, whereby prayer for anticipatory bail of the petitioner has been rejected.
Allegation against the appellant is of assaulting the daughter of the informant and when they objected made firing not causing any injury.
Submission of the learned counsel for the appellant is that as a matter of fact the first information report shows that it is a case of accident, but when it went to police hot altercation took
Patna High Court CR. APP (SJ) No.1127 of 2016 (8) dt.10-08-2017 2/2 place, and as such, the present false case has been lodged against this petitioner.
Heard learned A.P.P. also. He opposes the prayer for anticipatory bail on the ground of maintainability. Having heard both sides and in view of the allegations levelled, this appeal is not maintainable. However, appellant may surrender before the Court below within a period of four weeks and make prayer for regular bail, which will be disposed of on its own merit, if possible on the same day, taking into consideration the submissions made above, without being prejudiced by the order of this Court.
With the aforesaid observation, this appeal stands disposed of.
(Vinod Kumar Sinha, J) Manish/- U T