Ashok Thakur And ORS v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2337 of 2017 (3) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2337 of 2017 Arising Out of PS.Case No. -244 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Ashok Thakur son of Yogendra Thakur

2. Yogendra Thakur son of Late Gena Thakur

3. Kaushal Kumar son of Pappu Kumar

4. Sandeep Kumar son of Ashok Thakur

5. Shivam Kumar @ Shubhan Kumar son of Ashok Thakur

6. Raj Kumari Devi wife of Yogendra Thakur

7. Ashadeep Devi wife of Ashok Thakur All residents of Mohalla Yusufpur Harai, P.S. Town Hajipur, District Vaishali.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ratan Kumar Sinha For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard the parties.

The appellants seek pre arrest bail in connection with Town P.S.Cae No.244 of 2017 registered for offences punishable under Sections 341, 323, 504, 506, 308/34, 324, 379/34 of the Indian Penal Code and Section 3(i)(s/3(1)(i) and (II) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellants is of abusing the informant by taking caste name as well as other allegations. Submission of the learned counsel for the appellants is that earlier also a similar case had been lodged against the appellants and there is land dispute between the parties.

Patna High Court CR. APP (SJ) No.2337 of 2017 (3) dt.22-09-2017 Furthermore appellant no.1 is suffering from cancer. Heard learned Special P.P. also.

Having heard both sides, this appeal is not maintainable.

Let the appellants surrender before the court of learned Special Judge within a period of six weeks and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of submissions especially the fact that earlier also a case had been lodged against the appellants and there is a land dispute between the parties as well as the appellant no.1 is suffering from cancer.

Considering the aforesaid aspects of the matter, the learned Special Judge will pass appropriate order without being prejudiced by the order of this Court, if possible on the same day. With the above observation, this appeal is disposed of.

(Vinod Kumar Sinha, J) chn/- U T