Aswani Kumar @ Anshu @ Aswani Kumar Anshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37273 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -DANDARI District- BEGUSARAI ====================================================== Aswani Kumar @ Anshu @ Aswani Kumar Anshu son of Late Markende Sharma, resident of village- Tetri, P.S.- Dandari, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. P.K.Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for grant of prearrest bail in connection with Dandari P.S. Case No.43 of 2015 registered under Section 354 of the Indian Penal Code, Sections 8 and 12 of the Protection of Children from Sexual Offences Act and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989').

A similar application filed by the petitioner under Section 438 of the Code of Criminal Procedure (for short 'CrPC') was dismissed by this Court holding the application under section 438 of the CrPC to be not maintainable in view of the statutory bar

Patna High Court Cr.Misc. No.37273 of 2016 (2) dt.05-10-2016 2/2 under Section 18 of the Act of 1989. There is no reason to take a different opinion in the present application. Accordingly, the application is dismissed as not maintainable.

(Ashwani Kumar Singh, J) Md.S./- U T