Ranjan Singh @ Rajiv Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2144 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ====================================================== Ranjan Singh @ Rajiv Ranjan Kumar, S/o Arbind Singh, Resident of Village- Aswari, P.S.- Tisiauta, District- Vaishali. .... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 16.6.2017 passed in A.B.P. No. 128 of 2017 by Additional Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur, arising out of Tisiauta P.S.Case No. 22 of 2017 registered for the offences under Sections 341, 323, 307, 354, 504/34 of the Indian Penal Code and 3(i)(r)(s)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of pre-arrest bail to the appellant.

Allegation against the appellant and other co-accused persons is of catching hold of sister of informant and trying to outrage her modesty but when people assembled they have

Patna High Court CR. APP (SJ) No.2144 of 2017 (3) dt.21-08-2017 2/2 assaulted brother of the girl.

It has been submitted on behalf of the appellant that two days prior to lodging of this case the appellant has filed a complaint against the informant and thereafter the present false and concocted case has been filed in order to create pressure on him and no such occurrence took place.

Learned Special P.P. has opposed the prayer stating that mere perusal of FIR it appears that prima facie case under the provisions of SC/ST Act is made out against the appellant, as such, this appeal for pre-arrest bail is not maintainable. Having heard both sides and considering the facts and circumstances, this appeal is not maintainable, rather appellant to surrender and make prayer for regular bail, which will be considered by the Special court below on the basis of the submission made above as well as on the basis of allegation and pass appropriate order, if possible, on the same day. This appeal is, accordingly, disposed of.

(Vinod Kumar Sinha, J) spal/- U