Ravindra Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 44065 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -PATEPUR District- VAISHALI (HAJIPUR) =========================================================== Ravindra Kumar Sah, Son of Sri Jai Kishun Sah, Resident of Village- Dadhua, P.S.- Patepur, District-Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Md. Imteyaz Ahmad, Advocate For the State :
Mr. Binay Krishna, SPL. P.P.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-10-2016 Heard learned counsel for the parties.
The petitioner apprehends arrest in connection with Patepur P.S. Case No. 54 of 2016 dated 27.06.2016 instituted under Sections 147/148/149/323/324/379/427/307/504/506 of the Indian Penal Code, 27 of the Arms Act and 3(1)(x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act').
At the very outset, learned Special P.P. raises a preliminary objection and submits that the present application under Section 438 of the Code of Criminal Procedure, 1973 is not maintainable in view of the bar of Section 18 of the Act. It is submitted that from the plain reading of the fardbeyan, allegation under the Act is made out.
Faced with the situation, learned counsel for the
Patna High Court Cr.Misc. No.44065 of 2016 dt.17-10-2016 2/2 petitioner seeks permission to withdraw the application with liberty to surrender before the Court below and seek regular bail which may be considered on its own merits.
Learned Special P.P. does not oppose.
In view of the aforesaid, the application stands disposed off as withdrawn with the liberty aforesaid. If the petitioner surrenders before the Court below within one month from today, along with a copy of this order, and seeks regular bail, the same shall be considered by the Court below, without being prejudiced by the present order. It goes without saying that all points available to the petitioner, including those raised in the present application, shall be considered by the Court below, in accordance with law. (Ahsanuddin Amanullah, J.) P. Kumar U T