IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25377 of 2010 MD. MIRAZUL HAQUE Versus STATE OF BIHAR ------
2/ 12.08.2010 Heard learned counsel for the petitioner, learned counsel
for the State and Mr. Birendra Kumar, learned counsel for the
informant.
Abuse in name of informant’s caste to humiliate her is
doubted on the ground that she and her husband were examined only
on 06.03.2010 and enmity was there in between both the families. If
it can help the petitioner that in regular side otherwise allegation is
constituting offence under Section 3(I)(x) of the S.C./S.T.
(prevention of atrocities) Act as the abuse was given in name of her
caste on the way to her home.
Accordingly, the application is rejected as not
maintainable.
However, petitioner is directed to surrender before the
Court below and pray for regular bail which shall be decided on its
own merit on the same day without being prejudiced by this
rejection order.
shail (Mandhata Singh, J.)