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Patna High CourtCR. APP (SJ)/454/2018dismissed

Chandan Raj And ORS v. The State Of Bihar

2018-03-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.454 of 2018 Arising Out of PS.Case No. -520 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Chandan Raj,

2. Aman Raj

3. Rahul Raj, All are sons of Ram Babu Singh, resident of VillageNagawan, P.S.- Maner, District- Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mrs. Usha Kumari Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 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 against the refusal of prayer for anticipatory bail by the learned Special Judge (SC/ST Act)-cum-Additional Sessions Judge-V, Patna, in connection with Maner Police Station Case No.520 of 2017 registered under Sections 341/323/379/504/34 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR apparently discloses commission of offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Hence, bar under Section 18

Patna High Court CR. APP (SJ) No.454 of 2018 (3) dt.15-03-2018 P2/ of the Act is applicable. Therefore, this appeal against refusal of prayer for anticipatory bail is not maintainable. Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- U T