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2018 Supreme(Pat) 1826

BIRENDRA KUMAR
Pramod Sahani – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Krishna Kant Singh.
For the Respondent: Mr. Sadanand Paswan.

Birendra Kumar, J. – Heard learned counsel for the parties.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 11.10.2018 in A.B.P. No. 2590 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, East Champaran at Motihari in connection with Kotwa P.S. Case No. 129 of 2018 registered under Sections 147, 149, 341, 323, 354B, 379, 427, 504, 506 of the Indian Penal Code as well as Sections 3(i)(d)(r)(s) of the SC/ST Act.

3. Title Suit No. 12 of 2018 is going on between the parties wherein some of the appellants are plaintiffs and defendant Ganesh Sah is father of the husband of the informant of this case. In the background of aforesaid civil litigation, there is general and omnibus allegation against the appellants of commission of abuse and assault.

4. In the background of allegation chances of mala fide prosecution, for the purpose of consideration of this prayer for anticipatory bail, cannot be ruled out. Appellants have stated on oath that they have got no

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