ABLAPL No. 4864 of 2016

26.04.2016

Heard learned counsel for the petitioners and learned Addl. Government Advocate.

The petitioners are apprehending arrest for the alleged commission of offences under S

ections 294 and 506/34 of the I.P.C. read with Section 3(1)(x), which has been amended as 3(1)

(r), of the S.C. & S.T. (P.A.) Act in G.R. Case No. 221 of 2016 of the court of J.M.F.C., Sohe

la, arising out of Sohela P.S. Case No.69 of 2016.

It is apparent from the records that offence under Section 3(1)(x), which has been ame

nded as 3(1)(r), of the S.C. & S.T. (P.A.) Act is not made out against the petitioners as per

the ratio decided by this Court in Ratikanta Ray v. State of Odisha, (2015) 61 OCR 217. No off

ence under Section 3(1)(s) of the S.C. & S.T. (P.A.) Act is also made out as the incident took

place inside the house of the informant and not in a public view. Therefore, bar under Sectio

n 18 of the Special Act for entertaining the anticipatory bail application will not be applica

ble to this case. Offence under Section 294 of the I.P.C. is bailable in nature. The punishmen

t prescribed for the alleged commission of offence under Section 506 of th