Jai Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3979 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- KOPA District- Saran ====================================================== Jai Prakash Singh, Son of Rajeshwar Singh, Resident of Village- Kopa Dachin Tola, P.S.- Kopa, District- Saran at Chapra. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Prabhakar Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 The appellant seeks pre-arrest bail in connection with Kopa P.S. Case No. 43 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 354 (B), 448, 452, 436 of the Indian Penal Code and Section 3(i)(r) (s) (w)/(2) (iv) of SC/ST Act. Allegation against the appellant and other accused persons is that they came variously armed and specific allegation of assault against the appellant is on the hand of the informant and when mother-in-law and sister-in-law came to save her, they also assaulted by the appellant with farsa causing injury to them and there is further allegation of abusing them taking caste name.

It has been submitted on behalf of the appellant that though there is allegation of assault by farsa, but injuries were

Patna High Court CR. APP (SJ) No.3979 of 2018(4) dt.08-01-2019 2/2 found to be caused by hard and blunt substance and the appellant has falsely been implicated in this case. Further submission is that in P.M.C.H. statement of daughter of Kaushalya Devi, where she named one Dhananjay Singh as an assailant.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above and also there is direct allegation against the appellant, I am not inclined to grant the privilege of pre-arrest bail to the appellant, rather he should surrender before the court below and make prayer for regular bail and the court below shall consider the same on the merit of the case, without being prejudice by order of this Court. Accordingly, this appeal is dismissed.

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