Mukesh Choudhary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.5174 of 2015 (2) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5174 of 2015 Arising Out of PS.Case No. -81 Year- 2012 Thana -SC/ST District- PURNIA ======================================================

1. Mukesh Choudhary

2. Suresh Choudhary

3. Ram Chandra Chaudhary All sons of Jagdish Chaudhary Resident of villParsa Tirasi,P.S-Barhara,Distt.-Purnea .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with S.C./S.T. P.S. Case No. 81 of 2012 registered for the offences punishable under Sections 341, 323, 376/511, 506/34 of the Indian Penal Code and Sections 3 (i) (x) of the S.C./S.T. (Prevention of Atrocities) Act.

In my view, this petition is hit by Section 18 of S.C./S.T. (Prevention of Atrocities) Act and accordingly, this petition filed in connection with S.C./S.T. P.S. Case No. 81 of 2012 stands dismissed being not maintainable. However, petitioners must surrender before the court

Patna High Court Cr.Misc. No.5174 of 2015 (2) dt.06-02-2015 below within four weeks from today and if they do so and seek regular bail, their prayer for regular bail shall be considered by the concerned court on its own merit without being prejudiced by this order as well as rejection order of learned Sessions Judge. (Hemant Kumar Srivastava, J) SHAHZAD/- U T