← Library
Patna High CourtCR. MISC./36763/2016disposed

Bhopendra Singh @ Bhupendra Kumar Singh And ORS v. The State Of Bihar

2016-09-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36763 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -SC SC PS District- VAISHALI(HAJIPUR) ======================================================

1. Bhopendra Singh @ Bhupendra Kumar Singh Son of Raghu Vanshi Singh resident of Village- Bajitpur, P.S.- Bidhupur, Gokhulpur DistrictVaishali.

2. Raghubanshi Singh @ Rabhuvansh Singh Son of Late Ramjatan Singh resident of Village- Bajitpur, Gokhulpur, P.S.- Bidhupur, Gokhulpur District- Vaishali.

3. Ram Pravesh Singh Son of Late Jageshwar Singh resident of VillageGokhulpur, P.O.- Bajitpur Sajaat, P.S.- Bidhupur, District- Vaishali.

4. Rupesh Singh @ Rupesh Kumar Singh Son of Ram Pravesh Singh resident of Village- Gokhulpur, P.O- Bajitpur Sajaat, P.S- Bidhupur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Sri Ram Shankar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of SC/ST (Hajipur) Police Station Case No. 19 of 2016, disclosing offences under Sections 341/324/325/ 326/354/504/509/34 of the Indian Penal Code and Sections 3 (1) (e), 3 (1) (g), 3 (1) (r), 3 (1) (z) and 3 (2) (xa) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 2015.

On perusal of the First Information Report, I find

Patna High Court Cr.Misc. No.36763 of 2016 (2) dt.06-09-2016 2/2 that an offence under Sections 3 (1) (e), 3 (1) (g), 3 (1) ®, 3 (1) (z) and 3 (2) (xa) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 2015, is made out.

In that view of the matter, the anticipatory bail application cannot be maintained.

Learned Counsel appearing on behalf of the petitioners has submitted that addition of provisions of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 2015, is merely a superimposition. He has also submitted that the First Information Report has been apparently lodged out of some civil dispute between the parties.

Considering the facts and circumstances of the case, this application is disposed of with an observation that if the petitioners appear before the Court below within four weeks from today and prays for regular bail, their application shall be considered and disposed of on the same day.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √