Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3019 of 2018 Arising Out of PS. Case No.-287 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Dharmendra Singh, S/o Lala Singh, R/o Vill.- Sirsi, P.S.- Bakhtiyarpur, Distt.- Patna.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raj Kumar Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-01-2019 This is an appeal under Section 14(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 20.07.2018 passed by the learned Special Judge-V, Patna in connection with Bakhtiyarpur P.S.Case No. 287 of 2018 registered under Sections 307, 323, 341, 428, 429 and 436 of the Indian penal Code and Sections 3(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 . Allegation against the appellant is of assaulting the informant by the butt of the pistol and also setting the house on fire causing damage of the property and snatching away Rs. 15,000/- of the informant.

Submission of learned counsel for the appellant is that appellant has falsely been implicated in this case and no marks

Patna High Court CR. APP (SJ) No.3019 of 2018 dt.22-01-2019 2/2 of setting the house on fire was found and dispute arose with respect to tying cattle at that place and appellant has four criminal antecedents.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, if petitioner surrenders within a period of six weeks from the date of receipt of a copy of this order and pray for regular bail, the same shall be considered by the learned court below without being prejudiced by this order and if possible, dispose it on the same day.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date