Baidyanath Jha @ Baijnath Jha @ Akil Jha @ Wakil Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32725 of 2014 Arising Out of PS.Case No. -185 Year- 2012 Thana -NARPATGANJ District- ARRARIA ======================================================

1. BAIDYANATH JHA @ BAIJNATH JHA @ AKIL JHA @ WAKIL JHA SON OF LATE RAMESHWAR JHA

2. LALLAN KUMAR JHA SON OF SRI INDRA NARAYAN JHA

3. BIMAL KUMAR JHA SON OF SRI INDRA NARAYAN JHA

4. DILKHUSH JHA @ SHANKAR JHA SON OF SRI BAIDYA NATH JHA ALL RESIDENT OF VILLAGE - CHAKLA, P.S. NARPATGANJ, DISTRICT - ARARARIA ( BIHAR ) .... .... Petitioner/s

Versus

1. THE STATE OF BIHAR .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Narpatganj P.S. Case No. 85 of 2012 registered for the offence under Sections-341, 323, 504, 506 of the Indian Penal Code and Section- 3(i)(x) of SC/ST(Prevention of Atrocities) Act. In view of Section-18 of SC/ST (Prevention of Atrocities) Act, this petition is not maintainable and accordingly, this petition filed in connection with Narpatganj P.S. Case No. 85 of 2012 stands dismissed being not maintainable. However, petitioners are directed to surrender

Patna High Court Cr.Misc. No.32725 of 2014 (2) dt.09-02-2015 2/2 before the court below within six weeks from today and seek regular bail and if they do so, the learned court below shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that there is delay in institution of the present case.

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