Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3222 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -SC/ST District- SUPAUL ======================================================
1. Mithilesh Kumar, Son of Prayag Mandal, Resident of Shankarpatti, Ward No.4, P.S.-Chhatapur (Rajeshwari O.P.), District-Supaul .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ashok Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard the parties.
The appellant seeks pre arrest bail in connection with Supaul SC/St P.S.Case No.10 of 2017 registered for offences punishable under Sections 341, 323, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST (Prevention of Atrocities) Act.
Allegation against the appellant is of abusing the informant, who appears to be Sarpanch by caste name and also misbehaving with her.
Submission of the learned counsel for the appellant is that as a matter of fact he is Nyay Sachiv and he has lodged a case against Sarpanch, which will appear from Annexure 2 and thereafter a false and concocted case has been lodged against him
Patna High Court CR. APP (SJ) No.3222 of 2017 (2) dt.17-11-2017 2/2 and no such occurrence has been caused.
Heard learned Special P.P. also.
Having heard both sides, this appeal is not maintainable.
Let the appellant surrender before the court of learned Special Judge and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of the fact that there is case and counter case passed by the appellant also against the informant, considering the other materials available on the record, he will dispose of the prayer for bail, if possible 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) chn/- U T