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Patna High CourtCR. MISC./52182/2015disposed

Ashwani Kumar @ Ashwani Kumar Anshu v. The State Of Bihar

2015-11-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52182 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -DANDARI District- BEGUSARAI ====================================================== Ashwani Kumar @ Ashwani Kumar Anshu S/o Late Markende Sharma, R/o Vill.- Tetri, P.S.- Dandari, District- Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Dandari P.S. Case No. 43 of 2015 registered under Section 354 of the Indian Penal Code and Sections 3 & 12 of the Prevention of Children from Sexual Offences Act and Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

Regard being had to the provisions prescribed under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, the instant application under Section 438 of the

Patna High Court Cr.Misc. No.52182 of 2015 (2) dt.10-11-2015 2 / 2 Code of Criminal Procedure is not maintainable. Accordingly, the application is dismissed as not maintainable.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by order of this Court. (Ashwani Kumar Singh, J.) Sanjeet/- U T