Deepak Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25033 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -HARIZAN District- BEGUSARAI ======================================================
1. Deepak Kumar, son of Ramnath Rai,
2. Amit Kumar, son of Pachu Rai @ Pachhu Rai, Both Resident of Village- Rupnagar, P.S. Barauni, District- Begusarai. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat (Spl. App) ======================================================
CORAM:
HONOURABLE MR.
JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 30-06-2016 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in a case under Sections 147, 148, 149, 341, 323, 308 and 504 of the Indian Penal Code and Section 3 (i) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
Allegation is that on the eve of Durga Puja, the accused persons protested, as the informant tried to take photo of goddess Durga.
Learned counsel submits that they are members of the Durga Puja Samiti. Furthermore, as they scolded the informant because the latter had misbehaved with some girls, the instant false case has been lodged.
Patna High Court Cr.Misc. No.25033 of 2016 (2) dt.30-06-2016 2/2 In my view, the anticipatory bail application itself would not be maintainable, as the case is instituted under Section 3 (i) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.
However, if the petitioners surrender before the court below and pray for regular bail, the same would be disposed of on the same day without being prejudiced by this order taking into consideration that the incident was not a premeditated one and took place on the spur of moment and also petitioners have clean antecedent.
(Samarendra Pratap Singh, J.) Uday/- U T