Patna High CourtCR. MISC./17291/2016disposed

Tara Devi And ANR. v. State Of Bihar And ANR

2016-05-10Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17291 of 2016 Arising Out of PS.Case No. -723 Year- 2014 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Tara Devi wife of Shatrudhan Sah

2. Santosh Sah alias Santosh Kumar Gupta Son of Shatrudhan Sah Both resident of Village- Dumduma, P.S.- Daudpur, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ravinder Kumar Ram Son of Late Sudarshan Ram Resident of Village Sabdas, P.S. Maujhi, District- Saran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Ambika Bhagat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-05-2016 Heard Smt. Anuradha Singh, the counsel for the petitioners and Mr. Ambika Bhagat, APP for the State. The petitioners facing prosecution under minor Sections of the penal code read with 3(i)(x)S.C./S.T. (Prevention of Atrocities Act) (for short the 'Act') vide Complain Case No. 723 of 2014.

It is alleged that the complainant was abused at a public place taking his caste name and was also assaulted by the petitioners.

Contention of the petitioners is that both parties are on inimical terms and the allegations are general and omnibus. It is

Patna High Court Cr.Misc. No.17291 of 2016 (2) dt.10-05-2016 2/2 also submitted that some accused(s) have been released on anticipatory bail by this Court.

Mr. Bhagat, on the other hand points out that the occurrence has taken place at a public place and there is allegations which constitute offence under the Act. Section 18 disables the Court to grant the privilege of anticipatory bail. Considering the above, I am not inclined to grant the privilege of anticipatory bail. The prayer is rejected. The petitioners may surrender and seek regular bail. In case he does so, the same shall be considered and disposed of on its own merit by the Trial Court unprejudiced by the present order. The bail application stands disposed of.

rohit/- (Kishore Kumar Mandal, J) U T