Ram Kishun Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2735 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -SC/ST District- SAMASTIPUR ======================================================

1. Ram Kishun Sahani

2. Raman Sahani Both Sons of Baleshwar Sahani

3. Pappu Sahani Son of Ram Kishun Sahani All residents of Village Moglani Chak, P.S. Warisnagar, District - Samastipur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ramchandra Sahni For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

The appellants seek pre arrest bail in Samastipur P.S. Case No.23 of 2016 registered for the offence under Sections 341, 323, 354, 504, 506/34 of the I.P.C. and Sections 3(1)(r) (S) (X) (XI) of SC/ST (POA) Act.

Allegation against the appellants is of abusing him by his caste name and also assaulting her.

Submission of the learned counsel for the appellants is that there is delay of 14 days in lodging F.I.R. and the prosecution case does not appear true.

Heard learned Special.P.P. also who opposed the prayer for anticipatory bail on the ground of maintainability of appeal as

Patna High Court CR. APP (SJ) No.2735 of 2017 (4) dt.21-11-2017 2/2 well as allegation of abusing the informant by her caste name. . Having heard both sides and in view of the facts and circumstances, as stated above, the appeal is not maintainable. However, appellants are directed to surrender before the court below and pray for regular bail and on his so surrendering , the court below shall consider the same on its own merit, if possible, on the same day without being prejudiced by this order. (Vinod Kumar Sinha, J) AnilKrSinha/- U