Bhola Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14561 of 2016 Arising Out of PS.Case No. -1488 Year- 2015 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================
1. Bhola Singh, son of Late Awadh Singh, resident of Village- Ohari, P.S.- Nawada, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Manti Devi wife of Maheshwar Das, resident of Village- Pachohiya, P.S.- Kadirganj, O.P.- Nawada District- Nawada.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Shashank Shekhar For the Opposite Party/s : Mr. Pushpa Sinha(App) For the Informant : Mr. Durgesh Nandan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1488 of 2015, disclosing offences under Section 376D of the Indian Penal Code and Sections 3 (i) (iii) (xi) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.
This application cannot be entertained for two reasons. Firstly, there is a bar under Section 18 of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, from entertaining application for
Patna High Court Cr.Misc. No.14561 of 2016 (2) dt.22-04-2016 2/2 anticipatory bail. Secondly, this application arises out of a complaint case and the petitioner can seek regular bail in terms of the decision of this Court in the case of Salim Ansari @ Md. Salim Ansari v. The State of Bihar, reported in 2015 (3) PLJR 807.
Accordingly, the petitioner is directed to appear before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application shall be considered in the light of the observations as made above and disposed of on the same day.
This application is accordingly disposed of.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √