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Patna High CourtCR. APP (SJ)/5519/2019dismissed

Rajesh Sao @ Raj Kisor Sao v. The State Of Bihar

2019-12-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5519 of 2019 Arising Out of PS. Case No.-420 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

Rajesh Sao @ Raj Kisor Sao Son of Guput Sah Resident of Village - Dharhra Rambagh, P.S.- Arrah Town, District - Bhojpur. 2.

Sonu Kumar Sah Son of Rajesh Sao Resident of Village - Dharhra Rambagh, P.S.- Arrah Town, District - Bhojpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Md. Ataul Haque For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2019 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 by order dated 17.10..2019 in A.B.P.No.2099 of 2019 by the learned Additional District Judge-I-cum-Special Judge, Bhojpur at Ara in connection with Ara Town P.S.Case No.420 of 2019 under Sections 341, 323, 324, 379, 380, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of SC/ST Act.

Since allegation of commission of assault to a member of scheduled castes is there in the FIR, which is

Patna High Court CR. APP (SJ) No.5519 of 2019(2) dt.16-12-2019 2/2 specific against the appellants, the prayer for anticipatory bail is not maintainable. Hence, this Court is not inclined to interfere with the impugned order of refusal of prayer for anticipatory bail, this appeal is dismissed as devoid of merit. (Birendra Kumar, J) B.Kr./- U T