Patna High CourtCR. APP (SJ)/4534/2019dismissed

Jamun Ramani v. The State Of Bihar

2020-02-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4534 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- CHANDAN District- Banka ====================================================== 1.

JAMUN RAMANI 2.

Munna Ramani, both Sons of Late Muso Ramani 3.

Chandan Ramani, Son of Munna Ramani, All Residents of Village and P.S. - Chandan, District - Banka ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Brij Nandad Prasad, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-02-2020 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 against the refusal of prayer for anticipatory bail vide order dated 17.09.2019 in A.B.P. No. 1272 of 2019 passed by the learned 1st Additional Sessions Judge, Banka in connection with Chandan P.S. Case No. 91 of 2019 registered under Sections 341, 323, 337, 338, 504, 506/34 of the Indian Penal Code as well as Sections 3(1)(r)(s), 3(2)(Va) of the SC/ST Act.

The FIR, prima facie, discloses commission of offence under Section 3(2)(Va) read with the Schedule of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hence, prayer for anticipatory bail is not maintainable.

Patna High Court CR. APP (SJ) No.4534 of 2019 dt.17-02-2020 2/2 In the circumstance, in an application for anticipatory bail, it cannot be argued that the allegation is in the background of counter case and the fact that the allegation is general and omnibus. Hence, this appeal against refusal of the prayer for anticipatory bail has got no merit. Accordingly, it stands dismissed.

Appellants may surrender and pray for regular bail. (Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 19.02.2020 Transmission Date 19.02.2020