Raj Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.123 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- SC/ST District- East Champaran ====================================================== Raj Kumar Prasad Son of Ram Kuer Mahto Resident of Village - Harsidhi Pakariya, P.S.- Harsidhi, Distt.- East Champaran. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Pramod Kumar Pandey For the Respondent/s :
Mr.Binay Krishna ====================================================== 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 06.12.2019 in A.B.P.No.3468 of 2019 by the learned Ist Additional Sessions Judge-cum-Special Judge (SC/ST) Act, East Champaran at Motihari in connection with Motihari SC/ST P.S.Case No.73 of 2019 under Sections 341, 323, 354, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) and (i) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.
The FIR, prima facie, discloses commission of an offence under Section Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act by the named accused including
Patna High Court CR. APP (SJ) No.123 of 2020(2) dt.16-01-2020 2/2 the appellant. Hence, prayer for anticipatory bail is barred under the law. The correctness of the statement made in the FIR cannot be looked into to consider the prayer for anticipatory bail in view of the statutory bar, therefore, I do not find any merit in this appeal against refusal of the 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