Sonu Kumar @ Md. Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5298 of 2019 Arising Out of PS. Case No.-522 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== SONU KUMAR @ MD. SONU Son of Md. Bechu @ Mohammad Imamuddin Resident of Village - Barmatpur, P.S.- Kanti, Distt.- Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Chandra Shekhar Anand, Advocate For the Respondent/s :

Mr.Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-12-2019 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 07.11.2019 passed by the learned Special Judge (S.C./S.T. Act), Muzaffarpur, in A.B.P. No.2749 of 2019, arising out of Kanti Police Station Case No.522 of registered under Sections 341/323/354B/504/506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation in the FIR against the appellant and others is that they assaulted to the members of scheduled caste

Patna High Court CR. APP (SJ) No.5298 of 2019(2) dt.05-12-2019 2/2 and attempted to outrage modesty of another person. Since prima face allegation is there the prayer for anticipatory bail is barred in view of the provision of Sections 18 and 18(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Special Judge has also noticed the bar of law in the matter of entertainment of prayer for anticipatory bail.

Accordingly, the appeal stands dismissed.

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