Ajay Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3244 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -JANTA BAZAR District- SARAN ======================================================

1. Ajay Singh son of Vakil Singh,

2. Neeraj Singh @ Neeraj Kumar son of Vakil Singh, Both are resident of village Khedu Chapra P.S. Sahajitpur, DistrictChapra .... .... Appellant/s

Versus

1. The State of Bihar

2. Devendra Ram son of late Akalu Ram, r/o. village- Hafijpur, Sahajitpur, District- Chapra .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kr Singh No.1, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-03-2018 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 1st Additional Sessions Judge, Saran at Chapra, in connection with Janta Bazar Police Station Case No.90 of 2017 registered under Sections 341/323/324/307/379/504/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR discloses commission of offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in public view. Hence, bar under Section

Patna High Court CR. APP (SJ) No.3244 of 2017 (4) dt.08-03-2018 P2/ 18 of the Act is applicable.

In the circumstance, this Court cannot consider the prayer of the appellants regarding false implication and nonsupport of allegation of the assault by the medical report. Therefore, this appeal against the refusal of prayer of anticipatory bail is dismissed as not maintainable.

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