Shadeo Chaudhary @ Satyadev Chaudhary @ Satyadev Prasad Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3352 of 2022 Arising Out of PS. Case No.-60 Year-2018 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Shadeo Chaudhary @ Satyadev Chaudhary @ Satyadev Prasad Chaudhary Son Of Mahesh Chaudhary R/O Village- Kinaru, P.S.- Maniari, DistrictMuzaffarpur ... ... Appellant

Versus

1.

The State Of Bihar 2.

Rani Devi Wife Of Niranjan Day Resident Of Village- Kinaru, P.S.- Maniari, District- Muzaffarpur ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr.Alok Kumar Alok, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2022 Heard learned counsel for the appellant and the State. Instant appeal has been filed for grant of pre-arrest bail in a case instituted for the offence punishable under sections 376, 506/34 of the IPC read with sections 3(2)(va) of the SC/ST (POA) Act.

It is submitted by learned counsel for the appellant that the police after investigation submitted final form in the case but differing with the same, Court below took cognizance of the offence punishable under SC/ST Act.

Learned counsel appearing for the State submits that once cognizance of the offence is taken under the SC/ST Act, pre-arrest bail petition is not maintainable in view of judgment of the Supreme Court in case of Bachu Das Vs. State of Bihar

Patna High Court CR. APP (SJ) No.3352 of 2022(2) dt.09-11-2022 2/2 and others (Criminal AppealNo.314 of 2014 (arising out of SLP(Cri) No.8558 of 2010.

In view of the aforesaid judgment of the Hon'ble Supreme Court, this appeal seeking pre-arrest bail to the appellants, is dismissed as not maintainable. (Prabhat Kumar Singh, J) shashi/- U T