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Patna High CourtCR. MISC./42402/2015rejected

Shivanand Yadav And ORS. v. The State Of Bihar

2015-12-14Mr. Justice Ramesh Kumar Datta1 pages

Patna High Court Cr.Misc. No.42402 of 2015 (3) dt.14-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42402 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -SC/ST District- ARRARIA ======================================================

1. Shivanand Yadav son of Singheshwar Yadav

2. Umanand Yadav son of Singeshwar Yadav

3. Mahanand Yadav son of Singeshwar Yadav

4. Binod Yadav son of Singeshwar Yadav

5. Dilip Yadav son of Shivanand Yadav All are residents of villageGopipur Barmotara, Police Station- Bhargama, District- Araria .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioners. No one appears for the State.

The petitioners pray for anticipatory bail in a case in which charge-sheet has been submitted under Sections 341, 323, 504/34 of the IPC and Sections 3(i)(x) and (xiv) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act. Learned counsel for the petitioners is unable to satisfy this Court as to how on the basis of the statement made in the FIR or even upon the findings that have been made during the course of investigation the matter does not come within the purview of SC/ST Act.

In the aforesaid circumstances, the anticipatory bail application appears to be not maintainable. It is, accordingly, dismissed.

(Ramesh Kumar Datta, J) spal/- U