Virendra Mahto @ Virendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2888 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -SC/ST District- LAKHISARAI ======================================================

1. Virendra Mahto @ Virendra Kumar, Son of Sidheshwar Mahto,

2. Abha Kumari W/o Virendra Mahto, Both are R/o Village- Bichhwey, P.S.- Chanan, District- Lakhisarai. .... .... Appellants

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Jawed Gaffar Khan, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2017 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 District & Sessions Judge, Lakhisarai in connection with SC/ST Chanan P.S.Case No. 06 of 2017 registered under Sections 3(i)(C) (R) W (ii) 2VA and Sections 341,323,504,354,506,379/34 of the Indian Penal Code. Submission is that some other co-accused having similar allegation have already been allowed bail by the learned court below on the day of surrender itself. In view of the observation of a Coordinate Bench of this Court in Cr.Appeal (SJ)No. 1830 of 2017, there is no reason that the learned court below would discriminate with the appellants and if the case of the appellants is not of similar footing, it shall assign reason.

Patna High Court CR. APP (SJ) No.2888 of 2017 (4) dt.19-12-2017 With the aforesaid observation, this appeal stands disposed of.

(Birendra Kumar, J) Nitesh/- U T