Ghanshyam Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51830 of 2014 (2) dt.06-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51830 of 2014 Arising Out of PS.Case No. -130 Year- 2013 Thana -HASANPUR District- SAMASTIPUR ====================================================== Ghanshyam Yadav son of Sri Arvind Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Hasanpur P. S. case no. 130/2013 registered under sections 376, 511 of the IPC and section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act, 1989.

There is specific allegation against the petitioner that he attempted to commit rape on the informant's daughter and the aforesaid fact, prima facie, constitutes offence punishable under section 3 (XI) of the SC/ST (Prevention of Atrocities) Act, 1989 and, therefore, in my view, this anticipatory bail petition is not maintainable. Accordingly, this petition stands dismissed being not maintainable.

Patna High Court Cr.Misc. No.51830 of 2014 (2) dt.06-01-2015 However, at the time of consideration of regular bail application of the petitioner, observation given in this order shall not prejudice to the concerned court. shahid (Hemant Kumar Srivastava,J) U T