Raushan Kumar @ Raushan Raj And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2438 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SC/ST District- JEHANABAD ======================================================
1. Raushan Kumar @ Raushan Raj
2. Pinku Kumar @ Adarsh Kumar Pinku.
3. Rinku Kumar. All Sons of Vijay Singh @ Hirday Narayan Singh. All Resident of Village-Sachai, P.S.-Kurtha, District-Arwal. .... .... Appellants
Versus
1. The State of Bihar
2. Ramuna Devi, wife of Butan Paswan, resident of Village-Sachai, P.S.- Kurtha, District-Arwal.
.... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Ashok Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard learned counsel for the appellants.
This appeal has been filed for grant of pre-arrest bail in connection with Arwal SC/ST P.S.Case No. 14 of 2017 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 3(i)(c)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 21.7.2017 passed by Additional Sessions Judge-I, Jehanabad.
Allegation against the appellants is of abusing the informant by taking her caste name and also of assaulting her and others.
Patna High Court CR. APP (SJ) No.2438 of 2017 (3) dt.09-10-2017 2/2 Submission of learned counsel for the appellants is that no specific allegation has been attributed against them and there is case and counter case between the parties and they have falsely been implicated in this case.
Heard learned Special P.P. also, who has opposed the prayer for pre-arrest bail on the ground of maintainability. Having heard both sides and in view of allegation, this appeal is not maintainable, rather appellants to surrender within a period of six weeks and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order, preferably on the same day.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- U