Patna High CourtCR. APP (SJ)/128/2020dismissed

Ragho Yadav v. The State Of Bihar

2020-01-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.128 of 2020 Arising Out of PS. Case No.-27 Year-2018 Thana- SC/ST District- Aurangabad ====================================================== 1.

Ragho Yadav Son of Jawahar Yadav Resident of Village - Khairi, P.S.- Rafiganj, District- Aurangabad (Bihar) 2.

Dhananjay Yadav Son of Ragho Yadav Resident of Village - Khairi, P.S.- Rafiganj, District- Aurangabad (Bihar) ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ranjit Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by order dated 10.12.2019 in A.B.P.No.1496 of 2019 by the learned Ist Additional District & Sessions Judgecum-Special Judge (SC/ST) Act, Aurangabad in connection with SC/ST P.S.No.27 of 2018 under Sections 147, 323, 447, 504, 354 and 506 of the Indian Penal Code and Sections 3(i)(r)/3(i) (s)/3(i)(w)(i)/3(2)(va) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

The perusal of complaint based FIR discloses

Patna High Court CR. APP (SJ) No.128 of 2020(2) dt.16-01-2020 2/2 commission of an offence under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, correctness of the allegation and its trustworthiness cannot be examined while considering the prayer for anticipatory bail for the simple reason that the entertainment of the prayer is statutorily barred. Hence, I am not inclined to interfere with the impugned order of refusal of prayer for anticipatory bail.

Accordingly, this appeal stands dismissed.

However, in the event of surrender of the appellant before the court below, the court below shall pass order without being prejudiced by this order.

(Birendra Kumar, J) B.Kr./- U T