Bhulan Patel @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21853 of 2015 Arising Out of PS.Case No. -331 Year- 2014 Thana -HARSIDHI District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Bhulan Patel @ Rohit Kumar son of Nandu Patel Resident of VillageMath Lohiyar, P.S Harsidhi, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shakil Ahmad Khan For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-07-2015 Heard both sides.

Petitioner apprehends his arrest in connection with Harsidhi P.S. case no. 331 of 2014, registered under Sections 341,323,324,307,379, 504/34 of the IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The informant belongs to weaker sections of the society.

The allegation is that while the son of the informant was returning from call of nature two accused persons being father and son assaulted him. It is alleged that father assaulted with knife whereas the petitioner is alleged to have assaulted

Patna High Court Cr.Misc. No.21853 of 2015 (2) dt.09-07-2015 2/2 in the different parts of the body with iron rod. Contention of the petitioner is that the allegation have been levelled due to village politics. There is animosity between the petitioner and the informant. The penal provisions under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not be attracted in the present case. Mr. Bhagat, on the other hand, states that the son of the informant mercilessly assaulted by the petitioner and his father. It appears from the FIR also that the assault was made considering the fact that he belongs to down trodden community. Regard being had to the allegation, I am not persuaded to extend the benefit of anticipatory bail to the petitioner. Prayer for bail is rejected.

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