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Patna High CourtCR. APP (SJ)/4006/2019dismissed

Dhanesh Lal Singh @ Dhanesh Singh v. The State Of Bihar

2019-11-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4006 of 2019 Arising Out of PS. Case No.-42 Year-2017 Thana- COMPLAINT CASE District- Kishanganj ====================================================== 1.

Dhanesh Lal Singh @ Dhanesh Singh, Son of Kartik Lal Singh 2.

Jhatkan Lal Singh @ Jhatkan Singh, Son of Aghan Lal Singh @ Adhan Lal Singh 3.

Deepak Lal Singh @ Deepak Singh, Son of Hirik Lal Singh All Resident of Village-Chaturbhuj, P.S-Pothia, District-Kishanganj. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Domi Ram, Son of Late Baldev Ram, Resident of Village-Sarswati, P.S.- Pothia, District-Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ram Prawesh Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Heard learned counsel for the appellants and learned APP for the State.

The appellants in the present case are challenging the order dated 20.07.2019 passed by the learned Additional District & Sessions Judge, 1st Kishanganj in connection with Complaint Case No.C-42/17 giving rise to Special Case No.25/2019 registered for the offences punishable under Sections 323, 504 and 506 of the Indian Penal Code and Section 3(i)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

In view of the information furnished to this Court that

Patna High Court CR. APP (SJ) No.4006 of 2019(5) dt.27-11-2019 2/2 the court below has already taken cognizance of the offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the appellants have been summoned, in view of the Hon'ble Division Bench judgment of this Court in the case of Bisheshwar Mishra & Ors. Vs. The State of Bihar reported in 2016 (4) PLJR 1058, this appeal for grant of anticipatory bail cannot be entertained. It is dismissed accordingly.

Leaving it open for the appellants to seek their remedy in accordance with law.

(Rajeev Ranjan Prasad, J) arvind/- U T