Rajiv Kumar @ Rajiv Chaudhary @ Rajiv Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.96 of 2023 Arising Out of PS. Case No.-113 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Rajiv Kumar @ Rajiv Chaudhary @ Rajiv Kumar Chaudhary Son of Late Hari Shankar Chaudhary Resident of Village- Bijhrauli, P.S.- Tisiauta, District- Vaishali ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Lalpari Devi Wife of Late Sanjay Ram Resident of Village- Bijhrauli, P.S.- Tisiauta, District- Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2023 Heard learned counsels for the appellant, respondent no. 2 and the State.

At the outset, learned counsel appearing for respondent no. 2 submits that the instant appeal is not maintainable as cognizance has already been taken in the case by the Court below also for the offences punishable under the SC/ST Act. In this regard, reliance is placed on the decision of the Hon'ble Supreme Court given in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 Supreme Court Cases 471.

In view of the aforesaid pronouncement of law, this appeal seeking pre-arrest bail of appellant, is dismissed as not

Patna High Court CR. APP (SJ) No.96 of 2023(3) dt.29-04-2023 2/2 maintainable.

(Prabhat Kumar Singh, J) vinita/- U T