Rajiv Prasad @ Rajeew Kumar Singh @ Rajeev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.16 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -EKMA District- SARAN ====================================================== Rajiv Prasad @ Rajeew Kumar Singh @ Rajeev Kumar Singh, s/o Sri Bipin Prasad @ Bipin Bihari Singh, resident of village/ mohalla-Ekma Tola Bishunpura, PS- Ekma, District- Saran at Chapra (Bihar) .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-03-2017 Heard learned counsel for the appellant as well as learned Spl.P.P.

After some arguments, learned counsel for the appellant has submitted that in terms of Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on account of offence having been committed against the members of scheduled castes attracting any of the provision of Indian Penal Code will be punishable under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

On account thereof, in terms of para 28 of the observations having made in 2016 (4) PLJR pg 1058, he seeks to withdraw the instant petition with a liberty that in case of

Patna High Court CR. APP (SJ) No.16 of 2017 (6) dt.10-03-2017 2/2 surrender, the matter will be considered by the learned lower court on its own merit without being influenced by the instant order. With the aforesaid liberty, the instant petition is disposed of.

(Aditya Kumar Trivedi, J.) rinkee/- U T