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Patna High CourtCR. APP (SJ)/3827/2019dismissed

Dipak Yadav v. The State Of Bihar

2020-02-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3827 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- KONCH District- Gaya ====================================================== DIPAK YADAV Son of Sanjay Yadav Resident of Village-Ker, P.S.-Konch, District-Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar Yadav, Adv For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2020 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 26.07.2019 in A.B.P. No.200 of 2019 passed by the learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S.Case No. 135 of 2019 registered under Sections 354,504,506 of the Indian Penal Code as well as under Sections 3(r)(s)(W) of the Scheduled Castes and Scheduled Tribes Act. Submission is of false implication due to village politics etc.

The FIR prima facie discloses commission of offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, hence, prayer for anticipatory

Patna High Court CR. APP (SJ) No.3827 of 2019(7) dt.17-02-2020 2/2 bail is barred under Section 18 of the Act. Therefore, I am not inclined to interfere with the order of refusal of anticipatory bail. Prayer is refused.

In the event of surrender, prayer for regular bail shall be considered without being prejudiced by this order. Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) Nitesh/- U T