Arun Mandal @ Arun Kumar Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31822 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Arun Mandal @ Arun Kumar Mandal & Anr .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-12-2016 Learned counsel for the petitioners submits that petitioners are accused for offences under the provisions of Schedule Castes And Schedule Tribes ( Prevention of Atrocities) Act besides offences under the Indian Penal Code. He submits that in view of a recent Division Bench judgment of this Court after rejection of anticipatory bail by Special Judge / Sessions Judge a petition under Section 438 of the Cr.P.C. is not maintainable. Accordingly he makes a prayer for allowing him to convert this petition into Appeal as provided under the provisions of Schedule Castes And Schedule Tribes ( Prevention of

Patna High Court Cr.Misc. No.31822 of 2016 (3) dt.16-12-2016 2/2 Atrocities ) Act.

The prayer is allowed.

It may done by 13th January 2017 failing which , entire petition shall stand dismissed without further reference to a Bench. (Rakesh Kumar, J) Praful/- U T