Anil Prajapat @ Gorka And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.21 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -CHAKAND District- GAYA ======================================================

1. Anil Prajapat @ Gorka, Son of Ramautar Prajapat,

2. Sunil Prajapat, Son of Ramautar Prajapat,

3. Sumanti Devi, W/o Anil Prajapat,

4. Lali Devi, Wife of Sunil Prajapat, All resident of Village- Gannu Bigha, P.S.- Chandauti, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2018 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 Special Judge (S.C./S.T. Act), Gaya, in Chakand Police Station Case No.83 of 2017 registered under Sections 341/323/354/504/379/34 of the Indian Penal Code and Section 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

A bare perusal of the F.I.R. would attract the ingredients of offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Hence, bar

Patna High Court CR. APP (SJ) No.21 of 2018 (3) dt.06-02-2018 P2/ under Section 18 of the Act is applicable. Therefore, prayer for anticipatory bail is not maintainable. Accordingly, the appeal stands dismissed.

However, in the event of surrender of the appellants, their prayer for regular bail shall be disposed of on its own merit. (Birendra Kumar, J) Mkr./- U T