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Patna High CourtCR. APP (SJ)/3424/2017dismissed

Anil Singh And ANR v. The State Of Bihar

2018-01-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3424 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -BELDAUR District- KHAGARIA ======================================================

1. Anil Singh

2. Sunil Singh, Both Son of Mandan Singh both Resident of Village-Ram Nagar, Police Station Beldour District-Khagaria.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amardeep, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Additional Sessions Judge-I-cum-Special Judge, Khagaria, in connection with Beldour Police Station Case No.62 of 2016 registered under Section 302/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to F.I.R. the appellants and others are suspected to have committed the murder of the father of the informant, who is a member of scheduled caste.

Patna High Court CR. APP (SJ) No.3424 of 2017 (3) dt.18-01-2018 P2/ A perusal of the F.I.R. would reveal that the offences alleged under the provisions of SC/ST (Prevention of Atrocities) Act are prima facie disclosed against the appellants. Hence, bar under Section 18 is attracted.

Accordingly, this appeal stands dismissed as devoid of merit.

(Birendra Kumar, J) Mkr./- U T