Patna High CourtCR. APP (SJ)/2036/2018dismissed

Dhrup Singh v. The State Of Bihar

2018-08-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2036 of 2018 Arising Out of PS. Case No.-28 Year-2015 Thana- SC/ST District- Gopalganj ====================================================== Dhrup Singh, Son of Late Shankar Singh, Resident of Village- Dumra, P.S. Jamo, District- Siwan.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anil Chandra For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 29-08-2018 Heard learned counsel for the parties.

This is an appeal under Section 14 A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 17.05.2018 passed by the learned 1st Additional Sessions Judge, Gopalganj in A.B.P. No.727 of 2018, arising out of Gopalganj S.C./S.T. Police Station Case No.28 of 2015 registered under Sections 420, 406, 504/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Perused the nature of allegation against the appellant which is supported by independent witnesses also before the Police, especially commission of abuse by taking caste name.

Patna High Court CR. APP (SJ) No.2036 of 2018 dt.29-08-2018 2/2 Submission is that the informant has been set-up by Bhola Singh and the appellant has land dispute with Samdhi of Bhola Singh, namely, Hem Narain Singh. This fact has come up in the impugned order also.

Considering the nature of allegation which is supported by other eyewitnesses also, I am not inclined to enlarge the appellant, above named, on anticipatory bail. Hence, prayer is refused.

Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) abhishek/- AFR/NAFR CAV DATE Uploading Date Transmission Date