Allowed

Dhruv Sah @ Dhruv Kumar Sah v. The State of Bihar

Patna HC11 Jul 2019CR. APP (SJ)/1323/2019

Case brief

AI extract

What is this about?

The appellant, a teacher, appealed against the refusal of anticipatory bail in an SC/ST case alleging misbehavior involving a caste slur and false accusation of caste-based offense. The Court allowed the appeal, set aside the impugned order, and enlarged the appellant on bail subject to conditions under Section 438(2) CrPC.

What did the court decide?

Impugned order refusing anticipatory bail set aside; appellant enlarged on bail with bond of Rs. 10,000/- and two sureties of like amount, subject to Section 438(2) CrPC conditions.

Dhruv Sah @ Dhruv Kumar Sah Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1323 of 2019

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Arising Out of PS. Case No.-122 Year-2017 Thana- FULKAHA District- Araria

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======================================================

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DHRUV SAH @ DHRUV KUMAR SAH S/o Late Jhabri Sah R/o MohallaWard No. 4, Bhorhar, P.S.- Fulkaha, District- Araria

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Sudhir Kumar Singh For the Respondent/s : Mr.Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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8 11-07-2019

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Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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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 22.02.2019 passed by learned 1^st Additional Sessions Judge, Araria in connection with Special (SC/ST) Case No. 297 of 2017, arising out of Fulkaha P.S. Case No. 122 of 2017 registered under Sections 341, 504, 506 of the Indian Penal Code and also under Section 3 (i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Appellant happens to be a teacher. He is said to have

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Patna High Court CR. APP (SJ) No.1323 of 2019(8) dt.11-07-2019 2/3

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made survey of the flood affected area for grant of relief and obtained the passbook, Aadhar Card etc. of the informant for giving her flood relief. But on not getting the same when the informant arrived at the house of appellant to enquire about the matter, he slated her and misbehaved with her and made sexual advance and also tore her attire and demanded graft in lieu of granting aforesaid relief.

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It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in this case because ward member of the area wanted to incorporate the name of some ineligible persons in the list of beneficiaries against which he made complaint to the District Magistrate on 22.9.2017 and being peeved up the said ward member has got the aforesaid case lodged through the informant to harass the appellant. Moreover, the husband of the informant has already received flood relief hence, she is not entitled for the same as only one member of the family deserves for such relief. Allegation of slating the informant in the name of her caste is said to have made inside the house of the appellant and there is no allegation of assaulting the informant against the appellant, hence no offence under Section SC/ST Act is made out against the appellant. He

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Patna High Court CR. APP (SJ) No.1323 of 2019(8) dt.11-07-2019 3/3

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has no criminal antecedent.

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Learned Spl. P.P. for the State opposed the prayer for

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bail.

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In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions Judge, Araria in connection with Special Case No. 297 of 2017, arising out of Fulkaha P.S. Case No. 122 of 2017, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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T.Kr./-

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U T

Dhruv Sah @ Dhruv Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dhruv Sah @ Dhruv Kumar Sah v. The State of Bihar

Case brief

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What did the court decide?

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