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Patna High CourtCR. MISC./46048/2014disposed

Md. Gulam Rasool @ Gulam Rasool And ORS v. The State Of Bihar

2015-05-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46048 of 2014 Arising Out of PS.Case No. -19 Year- 2013 Thana -SC/ST P.S. District- MUZAFFARPUR ======================================================

1. Md. Gulam Rasool @ Gulam Rasool

2. Md. Haidar @ Md. Ali Haidar

3. Md. Akhtar All Sons of Md. Zainuddin resident of village- Ladaura, P.S.- Kurhani (Turki O.P.), District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2015 Heard the Counsel for the petitioner and Mr. Dayal, APP for the State.

Petitioner is facing accusations punishable under minor sections of the Indian Penal Code as also sections 3(i)(x)(xi) of the S.C./S.T.(Prevention of Atrocities) Act. Counsel for the petitioner has placed the first information report in order to submit that the abuses were not hurled at the public place. It is also submitted that petitioner no. 1 is suffering from Cancer.

Mr. Dayal, on the other hand, submits that the provisions of the Act prohibits grant of anticipatory bail which has been interpreted by the Hon'ble Apex Court.

Patna High Court Cr.Misc. No.46048 of 2014 (3) dt.20-05-2015 2/2 Considering the aforesaid legal position, I am not granting the privilege of anticipatory bail to the petitioner leaving them to appear in the Court below and seek bail on surrender. The application is accordingly disposed of.

(Kishore Kumar Mandal, J) Pankaj/- U T