Ashok Kr. Singh @ Ashok Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1790 of 2015 Arising Out of PS.Case No. -4 Year- 2014 Thana -MAHILA P.S. District- BANKA ======================================================

1. Ashok Kr. Singh @ Ashok Singh

2. Ajay Kumar Singh @ Ajay Sing

3. Shyam Sundar Mandal @ Shyam Mandal and

4. Mahesh Mandal .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2015 Heard learned counsel for the petitioners and learned counsel, appearing for the State.

Petitioners apprehend their arrest in connection with Banka (Mahila) P.S. Case No. 04 of 2014 registered under Sections-341, 323, 504, 376, 511, 354, 379/34 of the Indian Penal Code as also Section-3(i)(x)(xi) SC/ST (Prevention of Atrocities) Act. Admittedly, after submission of the charge-sheet, the court has taken cognizance for the offence punishable under Sections3(i)(x)(xi) SC/ST (Prevention of Atrocities) Act as well as other Sections of the Indian Penal Code and, therefore, in my view, this anticipatory bail petition is not maintainable in view of Section-18 of SC/ST(Prevention of Atrocities) Act and, accordingly, this petition stands dismissed being not maintainable. However, it is made clear that if, petitioners

Patna High Court Cr.Misc. No.1790 of 2015 (2) dt.15-01-2015 2/2 surrender before the concerned court within four weeks from the date of receipt/production of copy of this order and seek regular bail, the regular bail application of the petitioners shall be considered by the concerned court on the same day, on its own merit without being prejudiced by this order, particularly, keeping in mind that the police case was registered on the basis of complaint petition.

(Hemant Kumar Srivastava, J) A.K.V./- U T