Patna High CourtCR. MISC./24002/2016rejected

Ram Pravesh Singh And ORS v. The State Of Bihar

2016-07-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24002 of 2016 Arising Out of PS.Case No. -568 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Ram Pravesh Singh Son of Late Ram Varan Singh

2. Ranjeet Singh Son of Ram Swaroop Singh

3. Sanjay Singh Son of Kishun Singh All are resident of village - Akhtiyarpur, P.S. Mahua, District - Vaishali .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel appearing on behalf of the petitioners and learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Mahua P.S. Case No. 568 of 2015, disclosing offences under Sections 323, 447, 379, 324, 435/34 of the Indian Penal Code and Section 3 (i) (ii) (iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. From perusal of the First Information Report I find that offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against the petitioners. In view of the bar under section 18 of the

Patna High Court Cr.Misc. No.24002 of 2016 (3) dt.14-07-2016 2/2 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, this application is not maintainable. Learned counsel for the petitioner has pointed out that some of the accused persons have been granted anticipatory bail by this court. Be that as it may, in the facts and circumstances of the case I am of the view that this application can not be maintained in view of Section 18 of the Act. I, however, direct the petitioners to appear before the court below within four weeks and seek regular bail, if so advised. If they do so, their application shall be considered and disposed of on the same day. The court below will be required to keep in mind the fact that some of the persons have been granted anticipatory bail by this Court. With the aforementioned observation, this application is disposed of.

(Chakradhari Sharan Singh, J) siddharth/- U T