Challenging a refusal of anticipatory bail in a caste atrocity case, the Court held that the statutory bar under Section 18 of the SC/ST Act precludes the grant of such bail, dismissing the petition despite claims of delay by the informant's report.
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Patna High Court Cr.Misc. No.16158 of 2014 (3) dt.14-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16158 of 2014
Arising Out of PS.Case No. -38 Year- 2013 Thana -SC/ST PS District- GOPALGANJ
====================================================== 1. Manoj Singh Son Of Ram Bachan Singh 2. Ram Bachan Singh Son Of Late Raj Mangal Singh Alias Mangal Singh 3. Vishwanath Singh Son Of Late Raj Mangal Singh Alias Mangal Singh 4. Ravindra Tiwary Son Of Sri Ram Tiwary, All Are Resident Of VillageBabhnauli, Chhotka Tola @ Nawaka Tola, P.S.- Vijaipur, DistrictGopalganj
.... .... Petitioner/s Versus 1. The State Of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lokesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
offences alleged under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i)(x) of the S.C/S.T Act registered in connection with Gopalganj S.C/S.T P.S. Case No. 38 of 2013 pending in the Court of Chief Judicial Magistrate, Gopalganj.
Patna High Court Cr.Misc. No.16158 of 2014 (3) dt.14-08-2014
in view of the statutory bar of Section 18 of the S.C/S.T Act, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. The bail petition stands dismissed.
(Vikash Jain, J)
Md. Ibrarul/-
U T
2 issues framed by the court
Whether brief delay in submission of Forward Report by the informant is sufficient to grant anticipatory bail under Section 18 of SC/ST Act?
Whether the statutory bar under Section 18 of SC/ST Act prohibits granting anticipatory bail in this case?
Manoj Singh and others
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
