(1.) Heard learned counsel for the appellants as well as learned Special Public Prosecutor for the State.
(2.) This criminal appeal filed under section 14 (2) A of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 has been preferred against the order dated 13.12.2016 passed by learned Special Judge SC/ST, Patna in ABP no. 7202/2016 by which and where under learned Special Judge refused to grant privilege of anticipatory bail to appellants on the ground that in view of section 18 of the SC/ST Act, petition under section 438 of the Cr.P.C was not maintainable.
(3.) SC/ST P.S. case no.21/2016 was registered against the appellants on 22.10.2016 for the offences punishable under sections 341, 323, 504 and 506/34 of the Indian Penal Code and section 3 (1) ( r ) (s) ( p ) ( q ), 3 (2) (va) of the SC/ST (Prevention of Atrocities) Act on the basis of written report given by the informant Dr. Ajay Choudhary before the officer-in-charge of SC/ST police station, Patna. The informant claims in his written report that he had joined on the post of senior Resident in AIIMS, Patna on 6.3.2014 and got extension for near about three years but when his term was completed and he got selection in other service, he was in need of working certificate from the concerned officials and accordingly, he applied for grant of experience working certificate but he did not get the aforesaid certificate and in the meantime, on 30.7.2016, he got a letter in which it has been disclosed that he had already discharged from the post of senior resident and his service was not extended. Thereafter, he met the administrative officer who disclosed that the aforesaid letter had been issued by appellant no.1 who was head of the department. The informant went in the chamber of appellant no.1 on 1.8.2016 and requested him to withdraw the aforesaid letter but appellant no.1 abused him calling him Harijan and also gave threat to ruin his career. The informant admitted in his written report that at the time of the aforesaid incident, no other person except appellant no.1 and the informant was present there. Informant claims that appellant no.1 had been torturing him since long as he belongs to scheduled castes community. The informant further alleges in his written report that then he met appellant no.2 who was director of the concerned institution and appellant no.2 advised him to file a petition in the office. Thereafter, in pursuance of the aforesaid direction, he gave a petition in the concerned office but again, he did not get any certificate. Then on 24.9.2016, he gave a reminder mentioning all the aforesaid facts as well as disclosing this fact that he was being discriminated by the officials as he belongs to scheduled caste community.