Ganesh Mahato And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8767 of 2015 Arising Out of PS.Case No. -73 Year- 2009 Thana -GAYA HARIZAN District- GAYA ======================================================

1. Ganesh Mahato son of Sri Jogendra Mahato

2. Babu Lal Mahato son of Sri Mathura Mahato both resident of villageLakhanpur, P.S.- Moffasil, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with SC/ST Police Station Case No. 73 of 2009 registered for the offences punishable under Sections 354, 376, 323, 504/34 of the Indian Penal Code.

There is specific allegation of attempting to commit rape against these petitioners, therefore, I am not inclined to grant privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with SC/ST Police Station Case No. 73 of 2009, pending in the court of Chief Judicial Magistrate, Gaya stands rejected.

Patna High Court Cr.Misc. No.8767 of 2015 (2) dt.04-03-2015 2/2 However, if the petitioners surrender and seek regular bail before the court below within four weeks from today, the concerned court shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) Namita/- U