Raj Kumar @ Nishant Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1627 of 2017 Arising Out of PS.Case No. -225 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raj Kumar @ Nishant Raj, son of Ajay Paswan, resident of VillageKesariya, P.S. Kesariya, District- East Champaran. .... .... Appellant
Versus
The State of Bihar.
.... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Vibhakar Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.
This appeal has been filed for grant of pre-arrest bail in connection with Keshariya P.S.Case No. 225 of 2016 registered for the offences punishable under Sections 354A, B. C, D, 386, 387 of the Indian Penal Code and 3(i)(x) of the SC/ST Act and for setting aside the order dated 29.3.2017 passed by Additional Sessions Judge-I-cum-Special Judge, East Champaran, Motihari. Allegation as per FIR against the appellant is that he outraged modesty of the informant and used to tense her by displaying the V.D.O. to the people.
Submission of learned counsel for the appellant is that he has falsely been implicated in this case and he has committed no
Patna High Court CR. APP (SJ) No.1627 of 2017 (4) dt.04-09-2017 2/2 offence and allegation of preparation of V.D.O. is against other accused persons.
Learned Special P.P. has opposed the prayer for prearrest bail of the appellant on the ground of maintainability of the appeal.
Having heard both sides and in view of nature of allegation, this appeal is not maintainable.
Let appellant surrender and make prayer for regular bail before the court of Special Judge, who will consider the same on the basis of materials available on record and dispose of preferably on the same day, without being prejudiced by this order. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U