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Patna High CourtCR. MISC./24919/2016rejected

Santosh Sao And ANR v. The State Of Bihar

2016-07-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 24919 of 2016 Arising out of P.S. Case No. - 291 Year - 2015 Thana - HISUA District - NAWADA ======================================================

1. Santosh Sao, Son of Munni Sao

2. Umesh Sao @ Umesh Kandu, Son of Late Balo Sao Both are resident of Pakorma, P.S. Hisua, District - Nawada .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bipin Kumar, Advocate For the Opposite Party : Mr. Ram Shankar Das, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hisua P.S. Case No. 291 of 2015, disclosing offences under Sections 147, 149, 323, 341, 504, 506, 302 of the Indian Penal Code and Sections 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

From the First Information Report, I find that offence under Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out. There being bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, this application for anticipatory bail cannot be entertained.

Patna High Court Cr.Misc. No.24919 of 2016 (3) dt.19-07-2016 2/2 The petition is, accordingly, rejected.

It is observed that if the petitioners appear before the Court below within four weeks from today their application shall be considered without being prejudiced by rejection of present application for anticipatory bail.

Kundan/- (Chakradhari Sharan Singh, J.) U T