Barun Rai @ Barun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28646 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Barun Rai @ Barun Kumar Son of Chandradeep Prasad Yadav Resident of Village - Gurmiya, P.S. - Kartahan, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2015 Heard both sides.

The petitioner apprehends arrest in a case under sections 279, 337, 338 of the Indian Penal Code and Section 3(1)(x) of S.C./S.T. (Prevention of Atrocities) Act. The petitioner is alleged to have dashed the grand son of the informant by his motor cycle and when the informant went to the house of the petitioner for treatment of his grand son, the petitioner is alleged to have assaulted the informant and abused him naming his caste.

It is submitted that the prosecution story is quite improbable. Section 3(1)(x) of the S.C./S.T. Act has been levelled only to make the case serious and non bailable. There appears that the petitioner dashed the grand

Patna High Court Cr.Misc. No.28646 of 2015 (2) dt.23-07-2015 son of the informant and when requested to get him treated, the petitioner is alleged to have abused him by naming the informant by his caste, I am not inclined to enlarge the petitioner on bail in connection with Kartahan P.S. Case no. 23 of 2015 pending in the court of the learned Chief Judicial Magistrate, Vaishali at Hajipur. This petition for grant of anticipatory bail is accordingly rejected. (Prabhat Kumar Jha, J) Amin/- U