Abhisek Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28885 of 2016 Arising out of P.S. Case No. -34 Year- 2016 Thana -SC/ST, District- BHOJPUR ======================================================

1. Abhisek Kumar, son of Shivjee Singh Mahto

2. Santosh Kumar Singh @ Santosh Kumar, son of late Dina Singh

3. Anup Kumar, son of Dharam Pal Singh Mahto All are resident of village- Chourahi, P.S Piro, District Bhojpur Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta, Adv. For the State : Mr. Ram Shankar Das, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with SC/ST P. S. Case No. 34 of 2016 registered under Sections 341, 323, 354(B), 504, 506/34 of the Indian Penal Code and Section 3 (I)(X) (XI) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the learned Chief Judicial Magistrate, Bhojpur at Ara.

Regard being had to the provision prescribed Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the present application preferred under Section 438 of the Code of Criminal Procedure is not maintainable.

Patna High Court Cr.Misc. No.28885 of 2016 (2) dt.25-07-2016 2/2 Accordingly, the same is disposed of as not maintainable. However, in case the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

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