Nityanand Mandal @ Uchit Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22655 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -SC/ST District- BANKA ======================================================

1. Nityanand Mandal @ Uchit Mandal

2. Babaji Mandal@Abhay Kant Mandal Both sons of Mahendra Mandal Resident of Village- Basbitta, PS Dhoraiya, District Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Banka S.C./S.T. P.S. Case no. 18 of 2015 under sections 341, 323, 504, 506/34 of the Indian Penal Code and section 3(i)(x) of S.C./S.T. (Prevention of Atrocities) Act.

It is submitted by the learned counsel for the petitioners that the allegations are false and fabricated. In course of investigation, the petitioners were summoned by the police and they were let off after enquiry on furnishing bond under section 41 of the Code of Criminal Procedure, 1973. Be that as it may, regard being had to the offence

Patna High Court Cr.Misc. No.22655 of 2016 (2) dt.26-05-2016 alleged under section 3(i)(x) of the S.C./S.T. (Prevention of Atrocities) Act, the instant application under section 438 of the Code of Criminal Procedure, 1973 is not maintainable. In that view of the matter, this application is disposed of as not maintainable.

(Ashwani Kumar Singh, J) Amin/- U