Amarjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5255 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- SC/ST District- Munger ====================================================== Amarjeet Yadav Son of Gopal Prasad Yadav Resident of Jhajha Tola Sandalpur, P.S.- Kasim Bazar, District- Munger. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Kamal Kishore Jha, Advocate For the Respondent/s :

Mr. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-01-2020 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 by order dated 18.10.2019 in A.B.P.No.1312 of 2019 by the learned Additional Sessions Judge-I, Munger in connection with SC/ST P.S.Case No.16 of 2019 under Sections 448, 341, 323, 354 and 506/34 of the Indian Penal Code and Sections 3(i)(r) (s) 3(i)(w)(i) and (ii) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. Considering the nature of allegation of commission of rape against a member of Scheduled Caste, I am not inclined to enlarge the appellant on anticipatory bail especially on the ground of its non-maintainability in view of the bar under

Patna High Court CR. APP (SJ) No.5255 of 2019(3) dt.06-01-2020 2/2 Section 18 of the Act.

Prayer for regular bail shall be considered without being prejudiced by this order for the reason that submission of the appellant is that the informant has filed a petition before the Police that for different dispute present case was lodged. This appeal has got no merit. Accordingly, this appeal stands dismissed.

(Birendra Kumar, J) B.Kr./- U