Patna High CourtCR. MISC./24577/2016rejected

Lalendra Singh v. The State Of Bihar

2016-07-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24577 of 2016 Arising Out of PS.Case No. -7 Year- 2012 Thana -SC/ST District- AURANGABAD ======================================================

1. Lalendra Singh Son of Late Chedi Singh, resident of village- Dhekaha Manjauli, P.S.- Mali, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Aurangabad SC/ST P.S. Case No. 7 of 2012, disclosing offences under Sections 341,323,504,506/34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. It appears that this Court has dismissed the application for grant of anticipatory bail filed on behalf of coaccused Balwant Singh vide order, dated 26.03.2014, passed in Cr. Misc. No. 4735 of 2014.

The First Information Report was registered in the year 2012. There is no material on record to suggest as to why the petitioner took steps for grant of anticipatory bail, four years thereafter. Further, it cannot be said that on the

basis of the allegation made in the First Information Report, no offence under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is made out.

There being barred under Section 18 of the Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act, 1989, this application cannot be maintained.

It is, accordingly, dismissed.

The petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) ArunKumar/- U