Patna High CourtCR. MISC./11742/2015dismissed

Anup Lal Yadav And ORS. v. State Of Bihar And ANR

2015-04-27Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11742 of 2015 (2) dt.27-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11742 of 2015 Arising Out of PS.Case No. -320 Year- 2009 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Anup Lal Yadav son of Late Baldeo Yadav

2. Munna Yadav son of Anup Lal Yadav

3. Mukesh Yadav @ Mukesh Kumar Son of Anup Lal Yadav

4. Arvind Yadav son of Laxmi Yadav All residents of village - Khutia, Police Station - Mansi, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anamul Haque For the Opposite Party/s Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.04.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Admittedly, police after investigation found accusation untrue and accordingly, submitted final form and the same was accepted but informant filed protest petition and the court below proceeded on protest petition treating the same as complaint petition and accordingly, took cognizance of the offence. Since cognizance of the offence has already been taken, in my view, this anticipatory bail petition is in the teeth of section 18 of the SC/ST (Prevention of Atrocities) Act and accordingly, this petition stands dismissed being not maintainable.

However, it is made clear that if the petitioners surrender within six weeks from today and seek regular bail, their regular bail

Patna High Court Cr.Misc. No.11742 of 2015 (2) dt.27-04-2015 application shall be considered on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that police after investigation found accusation untrue against the petitioners.

shahid (Hemant Kumar Srivastava,J) U T