Pankaj Kumar Yadav @ Pinku Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1624 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -BALUA BAZAR District- SUPAUL ======================================================
1. Pankaj Kumar Yadav @ Pinku Kumar Yadav, Son of Anmol Yadav, resident of Village- Bhagwatpur, Police Station- Chhatapur, DistrictSupaul. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Arun For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.
The appellant seeks pre arrest bail in connection with Balua Bazar P.S.Case No.39 of 2016, registered for offences punishable under Sections 354 and 354B of the Indian Penal Code and section 3(ii)(x)(xiii) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellant is of thrashing the daughter of the informant on the ground and trying to commit rape upon her.
Submission of the learned counsel for the appellant is that no case is made out under Section 3 of SC/ST (Prevention of Atrocities) Act and Section 354 of the Indian Code is bailable. It is further submitted that the parties have settled the dispute outside the court.
Patna High Court CR. APP (SJ) No.1624 of 2017 (3) dt.13-09-2017 2/2 Heard learned Special P.P. also, who has opposed the prayer for privilege of pre arrest bail.
Having heard both sides, this appeal is not maintainable.
Let the appellants surrender before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of the fact that the parties have settled the dispute outside the court and also considering the materials available on the record, he will dispose of the prayer for bail of the appellant, if possible on the same day.
With the above observation, this appeal is disposed of.
(Vinod Kumar Sinha, J) chn/- U T