Hazari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.174 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -GURUA District- GAYA ====================================================== Hazari Yadav, Son of Shivrat Yadav, resident of Village -Sanda, P.S. - Gurua, District - Gaya.
.... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sudhir Kumar Sinha For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2017 The appellant seeks pre arrest bail in connection with Gurua P.S. Case No. 33 of 2016, registered for offences punishable under Sections 341, 323, 354, 504, 506 Indian Penal Code and Section 3(1)(x) of SC/ST Act.
Allegation against the appellant is that he abused the informant by taking her caste name and also assaulted her. It has been submitted on behalf of the appellant that allegation as levelled in the F.I.R, did not find support during the investigation as none of the witnesses supported the prosecution story regarding assault and abuse by the appellant, as such, no offence under the above mentioned Section of Indian Penal Code as well as SC/ST Act, is made out against the appellant. Learned Special P.P. objected the prayer for bail and submitted that a prima facie case is made out against the appellant.
Patna High Court CR. APP (SJ) No.174 of 2017 (8) dt.20-06-2017 2/2 Having heard both sides, considering the facts and circumstances of the case, from perusal of the F.I.R, it appears that a prima facie case is made out against the appellant under above mentioned section of SC/ST Act, as such, this appeal is not maintainable.
Let appellant surrender before the Special Court and make prayer for regular bail and if any such application is filed, the Special Court after considering the submissions of learned counsel for the appellant that no witness has supported the case of prosecution, shall pass an appropriate order, preferably on the same day, without being prejudice by the order of this Court. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U