IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35122 of 2011 ====================================================== Dinesh Kumar Singh, son of Indradeo Singh, resident of Vill. Sanatua, P.S. Risiup, Distt. Aurangabad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. J.K. Singh, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 25-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 307/34 and some other allied offences under the Indian Penal Code as also under Section 3(i)(viii) (ix) & (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short Act). On perusal of the first information report vide Annexure-I, it appears that the informant is a Government servant and while he was discharging his official duties in the Post Office, the petitioner is alleged to have not only abused him, but assaulted also by fists, kicks and iron rod. Learned counsel for the petitioner submits that the prosecution allegation is false and, therefore, the present petition Patna High Court Cr.Misc. No.35122 of 2011 (2) dt.25-10-2011 2 under Section 438 Cr.P.C. is maintainable. On plain perusal of the first information report vide Annexure-1, primafacie a case under Section 3(i) (viii) (ix) & (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against the petitioner and other accused persons and, therefore, in view of bar created under Section 18 of the Act, the present application under Section 438 Cr.P.C. for grant of anticipatory bail is not maintainable. In the facts and circumstances of the case, prayer for anticipatory bail made on behalf of the petitioner is rejected as not maintainable. The petitioner must surrender in the court below in connection with Aurangabad (T) P.S. Case No. 3 of 2006 pending in the court of learned Chief Judicial Magistrate, Aurangabad within a period of four weeks from today, and if so advised, seek regular bail, which shall be considered on its own merit without being prejudiced by the present order. The petitioner shall be at liberty to raise all the pleas for the purpose of grant of regular bail, which have been raised in the present petition and which are available to him. Anjani /- (Birendra Prasad Verma, J)