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Patna High CourtCR. APP (SJ)/163/2019dismissed

Rahmat Ansari @ Rahmat Ali v. The State Of Bihar

2019-02-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.163 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- BARHARIA District- Siwan ====================================================== Rahmat Ansari @ Rahmat son of Ali Abdul Haque Vill-Habibpur,P.SBarharia, Distt.-Siwan ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Irshad Ahmad Khan For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 21-02-2019 By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 11.10.2018 passed in Barharia P.S.Case No.227 of 2018 for the offences punishable under Section 302, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) and 3(2)(va) of SC/ST (POA) Act by the learned 1st Addl. Sessions Judge cum Special court, Siwan, whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation against the appellants is that they thrown the drain water on the informant and when he protested they have assaulted due to which father of the informant died.

Submission of the learned counsel for the appellant is that the whole allegation is false and concocted and nothing specific has been attributed against the appellants.

Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.163 of 2019 dt.21-02-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant privilege of the anticipatory bail rather appellants surrender before the learned special judge within a period of six weeks from the date of receipt of the order and make prayer for regular bail which will be consider don its own merit without being prejudiced by the order of this Court.

Accordingly, this appeal is dismissed.

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