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Patna High CourtCR. APP (SJ)/5104/2023dismissed

Madhusudan Sah v. The State Of Bihar

2024-07-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5104 of 2023 Arising Out of PS. Case No.-94 Year-2020 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

MADHUSUDAN SAH SON OF LATE RAJENDRA SAH RESIDENT OF VILLAGE - SADPUR, P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI 2.

SATTO @ SANTOSH SAH SON OF LATE RAJENDRA SAH RESIDENT OF VILLAGE - SADPUR, P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI 3.

KAUSHAL SAH SON OF LATE RAJENDRA SAH RESIDENT OF VILLAGE - SADPUR, P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI 4.

BHARGAV SAH @ KUMAR BHARGAV SON OF LATE RAJENDRA SAH RESIDENT OF VILLAGE - SADPUR, P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI 5.

NIL KAMAL @ NIL KAMAL KUMAR SON OF MADHUSUDAN SAH RESIDENT OF VILLAGE - SADPUR, P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI 6.

SWET KAMAL @ RAJ KAMAL RAJ @ SWET KAMAL SAH SON OF MADHUSUDAN SAH RESIDENT OF VILLAGE - SADPUR, P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

ABHILASHA KUMARI WIFE OF SAROJ KUMAR DAS RESIDENT OF VILLAGE - SADPUR, P.S. - SAHEBPUR KAMAL, DISTRICT - BEGUSARAI ... ... Respondent/s ====================================================== Appearance :

For the Appellants :

Mr. Anshu Dhar Sharma, Advocate For the State :

Mr. Binay Krishna, APP For Respondent No.2 :

Mr. Shubhesh Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024

1. Heard learned counsel for the parties.

2. At the outset, it is submitted by learned counsel appearing on behalf of the complainant/Respondent No. 2 that

Patna High Court CR. APP (SJ) No.5104 of 2023(4) dt.10-07-2024 2/2 the prayer for pre-arrest bail of these appellants is not maintainable as cognizance has already been taken by the learned court below also for the offences punishable under the SC/ST Act. In this regard, reliance is placed in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 Supreme Court Cases 471.

3. In view of the aforesaid pronouncement of law rendered by Hon'ble the Supreme Court, appellants' prayer of pre-arrest is dismissed.

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