The High Court held the appeal for pre-arrest bail was not maintainable as a prima facie case existed under the SC/ST Act. Appellants were directed to surrender to the special court.
Appeal dismissed. Appellants directed to surrender before special court and apply for regular bail.
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Patna High Court CR. APP (SJ) No.1934 of 2017 (3) dt.18-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1934 of 2017
Arising Out of PS.Case No. -37 Year- 2017 Thana -MASAURHI District- PATNA
======================================================
.... .... Appellants/s Versus
.... .... Respondent/s
====================================================== Appearance :
For the Appellants/s : Mr. Bijendra Prasad Sinha For the Respondent/s : Mr. Sri Sadanand Paswan
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 18-08-2017 The appellants seek pre arrest bail in connection with Masaurhi P.S. Case No. 37 of 2017, registered for offences punishable under Section 354 of Indian Penal Code and section 3(i)(x) of SC/ST Act.
Allegation against the appellants is that they tried to outrage the modesty of the informant and on protest they abused the persons, who come to rescue the girl by calling them by their caste name and also assaulted them.
It has been submitted on behalf of the appellants that the informant is in habbit of filing such type of false cases, which will appear from annexure -2 of this petitioner as he has also lodged false cases against other persons.
Heard learned Special P.P. also.
Patna High Court CR. APP (SJ) No.1934 of 2017 (3) dt.18-08-2017
Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellants, as such, this appeal is not maintainable.
Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the above submission of learned counsel for the appellants and other materials available on record, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.
With the above observation, this appeal is disposed of.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether an appeal for pre-arrest bail is maintainable given a prima facie case under the SC/ST Act.
Relief granted to appellants seeking anticipatory bail before arrest.
Satish Kumar & Another
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
