← Library
Patna High CourtCR. APP (SJ)/4515/2018dismissed

Dharmendra Yadav @ Dharmendra Kumar And ANR v. The State Of Bihar

2019-01-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4515 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- SC/ST District- Jehanabad ======================================================

1. Dharmendra Yadav @ Dharmendra Kumar

2. Satish Kumar, son of Janak Yadav Both are residents of village- Khaskhori, P.S.- Brabar (Vishunganj OP), District- Jehanabad.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Paras Nath For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 This is an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 20.09.2018 passed by the learned Additional District and Sessions Judge- 1st , Jehanabad in ABP No. 1400 of 2018 arising out of Jehanabad SC/ST P.S.Case No. 37 of 2018 registered under Sections 147, 149, 323, 341, 379 and 504 of the Indian penal Code and Sections 3(i)(r)(s), 3(1)(2a)(c) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 .

Allegation as per the FIR against the appellants and other accused persons is that while the informant was sitting at the

Patna High Court CR. APP (SJ) No.4515 of 2018 dt.24-01-2019 2/2 temple, he was abused by the appellants and others by caste name and also assaulted him.

Submission of learned counsel for the appellants is that no specific allegation has been attributed against them and the allegation is false and concocted.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the appellants rather they are directed to surrender and makes prayer for regular bail which shall be considered on its own merit without being prejudiced by this order.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date