Pravesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5444 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- DARPA District- East Champaran ====================================================== Pravesh Das Son of Raghubir Das Resident of Village - Narkatiya, P.S. - Darpa, District - East Champaran.

... ... Appellant

Versus

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

For the Appellant :

Mr. Umesh Chandra Verma Mr. Abhishek Kumar, Advocates For the Respondent :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 16-12-2019 Heard learned counsel for the appellant and learned Additional Public Prosecutor appearing on behalf of the State. The appellant is aggrieved by the order dated 28.11.2019 passed by learned 1st Additional Sessions Judgecum-Special Judge, SC/ST Act, East Champaran at Motihari in A.B.P. No. 3151 of 2019 arising out of Darpa P.S. Case No. 83 of 2019 registered for the offences under Sections 452, 376/511, 354, 354(B), 323 and 504/34 of the Indian Penal Code and Sections 3(i)(a)(r)(w), 3(2)(va) of the Scheduled Castes & Scheduled Tribes(Prevention of Atrocities) Act & POCSO Act. Learned counsel for the appellant submits that the appellant has no criminal antecedent. By referring paragraph 11 of the petition, he further submits that the appellant belongs to

Patna High Court CR. APP (SJ) No.5444 of 2019 dt.16-12-2019 2/2 the Scheduled Caste community and as such, the offences under the provisions of the Scheduled Castes & Scheduled Tribes(Prevention of Atrocities) Act are not attracted. However, considering the nature of accusation, this Court is not inclined to grant the privilege of anticipatory bail. The prayer for anticipatory of the appellant is rejected. The appeal is, accordingly, dismissed.

However, liberty shall be available to the appellant to surrender before the learned court below and seek regular bail. The court below shall decide the application for regular bail without being influenced by the order of dismissal of this appeal.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.12.2019 Transmission Date 17.12.2019