Pawan Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2477 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -CHANDAUTI District- GAYA ======================================================
1. Pawan Kumar son fo Sita Ram Prasad
2. Nagmani @ Jhandi @ Nagmani Kumar Sinha son of Sita Ram Prasad
3. Sita Ram Prasad son of Late Mahesh Prasad.
4. Shambhu Prasad son of Late Mahesh Prasad.
All resident of Village- Kujapi, P.S.- Chandauti, District- Gaya. .... .... Appellant/s
Versus
State of Bihar & Anr .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ashok Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard the parties.
The appellants seek regular bail in connection with Chandauti P.S.Case No.81 of 2017, registered for offences punishable under Sections 341, 323, 448, 354B, 504, 379/34 of the Indian Penal Code and Section 3(i)(x) of SC/ST (POA) Act. Allegation against the appellants is of abusing the informant by taking caste name and also assaulted her as well as humiliated her.
Submission of the learned counsel for the appellants is that no specific allegation has been attributed against any of the appellants and general and omnibus allegation have been attributed against them. They have been falsely implicated in this case as there was dispute with respect to 'rasta' between the
Patna High Court CR. APP (SJ) No.2477 of 2017 (2) dt.25-08-2017 2/2 parties.
Heard learned Special P.P. also, who has opposed the prayer for bail on the ground of maintainability. In view of the facts and circumstances, this appeal is not maintainable.
Let the appellant above named surrender before the court of Special Judge and make prayer for regular bail, which will be conside4red by the learned Special Judge on the basis of submissions as made above and he will pass appropriate order without being prejudiced by the order of this Court. With the above direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T