CR. MISC./35011/2020 of GANESH KUMAR Vs The State of Bihar on 23 December 2020

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23-12-2020

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.35011 of 2020

Arising Out of PS. Case No.-224 Year-2020 Thana- SITAMARHI District- Sitamarhi ======================================================

GANESH KUMAR S/o Chandeshwar Rai R/o Village- Bariyarpur, Ward No.03, P.S. and District- Sitamarhi.

... ... Petitioner/sVersus

The State of Bihar

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAHORAL ORDER

Heard the learned counsel for the petitioner and thelearned A.P.P. appearing for the State Shri ParmanandKumar.

The petitioner seeks regular bail in connection withSitamarhi P.S. Case No. 224 of 2020 for the offencepunishable under Sections 354 (B)/34 of the Indian PenalCode, Section 3 (i) (r) (w) (1) of the Scheduled Castes andthe Scheduled Tribes (Prevention of Atrocities) Act, 1989and Section 8 of the POCSO Act.

The Ld. Counsel for the petitioner, in presence of theLd. A.P.P. for the State, Sri. Parmanand kumar, seeks towithdraw the present petition, which in any view of thematter is not maintainable, with liberty to the petitioner toassail the impugned order by way of filing an appeal, inview of the amended Section 14-A of the Scheduled Castesand the Scheduled Tribes (Prevention of Atrocities) Act, Ajay/- UT

1989 as also in light of the Judgment rendered by the Ld.Division Bench of this Court in the case of BisheshwarMishra vs. The State of Bihar, reported in 2016 (4) PLJR1058.

Accordingly, the present petition stands disposed ofas withdrawn, however with liberty to the petitioner toassail the impugned order by way of filing an appeal inaccordance with law.

Upon a request made by the Ld. Counsel for thepetitioner and in view of the long incarceration of thepetitioner herein as also in light of the unnecessary timeconsumed in pursuing the present ill advised petition,liberty is granted to the petitioner for urgent mentioning.

(Mohit Kumar Shah, J)