Manoj Pal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20971 of 2016 Arising Out of PS.Case No. -173 Year- 2015 Thana -PANDAUL District- MADHUBANI ======================================================

1. Manoj Pal.

2. Pramod Pal Both sons of late Hitali Pal.

3. Shb Kumar Pal, son of Baua Lal Pal.

All are resident of Village- Kamla Wari, P.S.- Pandaul, DistrictMadhubani. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Pandaul P.S. Case No. 173 of 2015 registered under Sections 447, 341, 323, 324, 307, 354, 379 and 427/34 of the Indian Penal Code and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

In view of the allegations made in the First Information Report as also in view of Section 18 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, the

Patna High Court Cr.Misc. No.20971 of 2016 (3) dt.23-05-2016 2/2 instant application under Section 438 of the Code of Criminal Procedure is not maintainable. Accordingly, the application is disposed of as not maintainable.

However, in case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T