Sita Ram Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34595 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -SC/ST District- ARRARIA ======================================================
1. Sita Ram Singh son of Late Rattan Singh
2. Kishori Singh son of Sita Ram Singh
3. Shambhu Singh son of Sita Ram Singh
4. Lallu Singh son of Sita Ram Singh
5. Bablu Singh son of Sita Ram Singh
6. Chhotu Singh son of Sita Ram Singh All residents of Village- Khawaspur, P.S.- Simraha (Forbesganj) DistrictAraria. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Vikramdeo Singh Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
08-09-2016 Heard Sri Kumar Vikramdeo Singh, learned counsel who was assisted by Sri Alok Kumar Singh, learned counsel for petitioners and learned Special Public Prosecutor. Six petitioners, apprehending their arrest in Araria SC/ST P.S. Case No. 45 of 2015 registered for offence under Sections 147, 148, 341, 323, 324, 379, 504, 506 of the Indian Penal Code and Section 3(i)(r), 3(i)(u) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act'), have prayed for grant of anticipatory bail. It was submitted by learned counsel for petitioners
Patna High Court Cr.Misc. No.34595 of 2016 (2) dt.08-09-2016 2/2 that ofcourse in the F.I.R., provision of SC/ST Act has been mentioned, but on perusal of the F.I.R., it is not specifically clear that any provision of such Act is applicable. However, after perusing the material on record, the Court is of the opinion that at this juncture, it would be difficult for this Court to record a specific finding that no case under the SC/ST is made out and as such, in view of Section 18 of the SC/ST Act, it would be difficulty for this Court to entertain the present petition.
The petition stands dismissed.
(Rakesh Kumar, J.) Anay U T