Kamlesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24688 of 2016 Arising Out of PS.Case No. -251 Year- 2014 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Kamlesh Mahto Son of Bansi Mahto Resident of village- Koriyachak, P.S.- Pirpainti, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-06-2016 Heard learned counsel for the petitioner as well as learned Special Public Prosecutor for the State. Petitioner and eight other persons have been made accused in a case registered for the offences punishable under Sections 343, 504, 506 of the Indian Penal Code and Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act on the accusation that they prevented the informant, who happens to be member of Scheduled Castes Community from casting vote and abused him by calling his caste name.

Submission on behalf of the petitioner is that petitioner was summoned by the police and subsequently, taken into custody but later on, he was released on bail on furnishing bonds and, therefore, in the light of decision of Mahendra Prasad

Patna High Court Cr.Misc. No.24688 of 2016 (2) dt.15-06-2016 2/3 Singh vs. The State of Bihar reported in 2004(3) PLJR, 491, this court may direct the trial court to pass appropriate order, if petitioner surrenders/appears before the concerned court. It is further submitted by learned counsel for the petitioner that all the sections are bailable in nature, except the offences said to be punishable under the provisions of S.C./S.T. (Prevention of Atrocities) Act but as a matter of fact, the fact of the present case does not disclose the offence of S.C./S.T. Act. On the other hand, learned Special Public Prosecutor appearing for the State refuted the above stated submissions arguing that fact of the present case clearly discloses the offence punishable under the provisions of S.C./S.T. Act. It is further submitted by him that decision of Mahendra Prasad Singh vs. The State of Bihar (Supra) is not applicable in this case because the petitioner was summoned by the police under Section 41(A) of the Cr.P.C. and the bond from the petitioner was taken only for the purposes of interrogation.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition stands dismissed being not maintainable.

However, petitioner is directed to surrender before the court of Sub Divisional Judicial Magistrate,

Patna High Court Cr.Misc. No.24688 of 2016 (2) dt.15-06-2016 3/3 Bhagalpur/concerned court in connection with Pirpainti P.S. Case No. 251 of 2014 within four weeks from the date of receipt/production of copy of this order and if petitioner does so, the concerned court shall pass appropriate order in accordance with law without being prejudiced by this order. (Hemant Kumar Srivastava, J) SHAHZAD/- U T