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Patna High CourtCR. APP (SJ)/572/2018dismissed

Ram Chandra Mandal And ORS v. The State Of Bihar

2018-03-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.572 of 2018 Arising Out of PS.Case No. -296 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Ram Chandra Mandal Son of Late Ram Bilash Mandal

2. Arvind Mandal @ Arvind Kumar Son of Kailash Mandal

3. Chandra Shekhar Mandal Son of Khushilal Mandal All are Resident of Village-Pandit Basa, P.S.-Bhawanipur, District-Purnea. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Abhay Shankar Singh, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cumSpecial Judge, Purnea in connection with Bhawanipur P.S.Case No. 296 of 2017 registered under Sections 376,511/34 of the Indian Penal Code as well as under Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes Act.

There is land dispute between the parties and the order was in favour of the appellant No.1 and others vide Annexure-2, wherein the husband of the informant was

Patna High Court CR. APP (SJ) No.572 of 2018 (3) dt.27-03-2018 intervener.

Submission is that after the aforesaid order, just to pressurize, false case has been lodged with concocted statement that the appellants dragged, the informant who is wife of Dhaneshwar Marandi, towards the field just to attempt to commit rape.

Other witnesses have also supported the allegation before the police.

Considering the entire facts, I am not inclined to enlarge the appellants on anticipatory bail.

Accordingly, this appeal stands dismissed (Birendra Kumar, J) Nitesh/- U T