Rajesh Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.410 of 2018 Arising Out of PS.Case No. -77 Year- 2016 Thana -SC/ST District- SITAMARHI ======================================================
1. Rajesh Sahani, Son of Sukhari Sahani,
2. Mukesh Sahani, Son of Sukhari Sahani,
3. Gina Sahani, Daughter of Sukhari Sahani,
4. Naresh Sahni, Son of Sukhari Sahani,
5. Gajju Sahani @ Gaju Kumar, Son of Sukhari Sahani, All R/o VillagePiprarhi Sultan, P.S.- Bairgania, District- Sitamarhi. .... .... Appellants
Versus
The State of Bihar.
.... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Ashok Kumar Jha, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Sitamarhi in connection with SC/ST Sitamarhi P.S.Case No. 77 of 2016 registered under Sections 452,323 of the Indian Penal Code as well as under Sections 3(i)(x)(xi) of the Scheduled Castes and Scheduled Tribes Act.
In my view, the complaint discloses the commission of offence under the provisions of Scheduled
Patna High Court CR. APP (SJ) No.410 of 2018 (2) dt.17-02-2018 Castes and Scheduled Tribes (Prevention of Atrocities) Act. I do not find any merit in the submission of the learned counsel for the appellants that since allegation is not specific against anyone, the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not attracted. The criminal intent of the appellants is apparent. Hence, I am not inclined to interfere with the impugned order and accordingly, this appeal is dismissed as devoid of merit.
The prayer for regular bail of the appellants would be considered without being prejudiced by this order. (Birendra Kumar, J) Nitesh/- U T