Babloo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39158 of 2016 Arising Out of PS.Case No. -301 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ====================================================== Babloo Yadav son of Late Bindeshwari Yadav Resident of Village-P.O.- Patarghat, P.S.-Saur Bazar, District-Saharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The impugned order has been passed in connection with Sour Bazar (O.P. Patarghat) P.S. Case No. 301 of 2015 which has been registered under Sections 304(B), 328, 313, 314, 120(B), 34 of the Indian Penal Code and Section 3(2) (v) of S.C./S.T. (Prevention of Atrocities) Act.

Petitioner happens to be husband of the deceased and it appears from perusal of the first information report that petitioner solemnized his inter-caste marriage with the deceased but subsequently, it is alleged that petitioner with the help of others committed the murder of the deceased. It is surprising enough as to how the concerned officer in charge lodged the

Patna High Court Cr.Misc. No.39158 of 2016 (2) dt.26-09-2016 2/2 present case under Section 304(B) of the Indian Penal Code as well as under the provision of S.C./S.T. (Prevention of Atrocities) Act but since the case has been registered under the provision of S.C./S.T. (Prevention of Atrocities) Act and the learned 1st Additional Sessions Judge passed the impugned order dated 19.07.2016 in the capacity of Special Judge, therefore, in my view, the impugned order is an appealable order according to new amendment made in S.C./S.T. (Prevention of Atrocities) Act. Accordingly, petitioner is permitted to withdraw this petition with liberty to file appeal before the appropriate forum in accordance with law.

In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T