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Patna High CourtCR. APP (SJ)/1682/2025dismissed

Dilip Kumar Yadav @ Dilip Ray v. The State Of Bihar

2025-07-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1682 of 2025 Arising Out of PS. Case No.-259 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== Dilip Kumar Yadav @ Dilip Ray Son of Saheb Ray Resident of ward no-09, Resident of village-Methaura, P.S. -Dumra, District-Sitamarhi ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Shushila Devi Wife of Late Ramlal Ray Resident Of Village - Gopnathpur, Ps- Dumra, Dist- sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ranjeet Kumar Mishra, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 1 . Nobody appears on behalf of State .

2. Heard learned counsel for the appellant.

3 . From perusal of Impugned Order dated 21.03.2025 , it appears that Cognizance has already been taken U /s 363 , 366 (A) , 376 of the I. P . C and U / s 3 ( 2 ) (v) of SC / ST (PoA) Act and 4, 6, 8 of POCSO Act and as such , the prayer for prearrest bail of the appellant is not maintainable as cognizance has already been taken by the court below also for the offences punishable under the SC/ST Act. In this regard, reliance is also placed in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 Supreme Court Cases 471. 3 . In view of the aforesaid pronouncement of law

Patna High Court CR. APP (SJ) No.1682 of 2025(2) dt.02-07-2025 2/2 rendered by Hon'ble the Supreme Court, appellants' prayer of pre-arrest is refused.

(Prabhat Kumar Singh, J) Koushik/- U T