Md. Ashiq @ Raj @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42681 of 2016 ====================================================== Md. Ashiq @ Raj @ Raju, Son of Late Karim @ Karu, Resident of Village- Tanakmas, P.S. Sanhoulla, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody in connection with Sanholla P.S.Case No.34 of 2016 for offence alleged under Sections 366, 504 and 34 of the IPC and Sections 3(i)(x)SC/ST Act which is pending.

It has been submitted by the learned counsel for the petitioner that the impugned order dated 05.09.2016 rejecting the bail of the petitioner has been passed by the 2nd Additional District & Sessions Judge, Bhagalpur as per Section 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989, (referred to as 'Act') it is the special Court which can try offences under this Act. He further submits that Section 14(A) inserted by amendment speaks of an appeal from any judgment, sentence or

Patna High Court Cr.Misc. No.42681 of 2016 (3) dt.25-11-2016 2/2 order not being an order of Special Court wherein appeal shall lie to the High Court. He submits that the impugned order has been passed by the 2nd Additional District & Sessions Judge, Bhagalpur and not by the Special Court.

Under such circumstances, the petitioner, if so advised, may move before the Special Court of jurisdiction to try cases under the aforesaid Act.

With these observations, this application stands disposed of.

(Nilu Agrawal, J) B.Kr./- U T