This appeal challenged the refusal of anticipatory bail under the SC/ST Act. The High Court allowed the appeal, setting aside the refusal and directing the appellant's release on bail subject to conditions.
Impugned order set aside; appellant released on bail with bond of Rs. 10,000 and two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3842 of 2019
Arising Out of PS. Case No.-464 Year-2018 Thana- MUFFASIL District- West Champaran
======================================================
Chunnu Patel S/o Chandrika Prasad @ Chandrika Patel Resident of VillageGonauli, P.S.- Muffasil, District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
Heard learned counsel for the appellant and learned
Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 07.03.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in Bettiah Muffasil P.S. Case No. 464 of 2018 registered under Sections 341, 323, 324, 354(B), 379, 504, 506 of the Indian Penal Code and Sections 3(1)(r), 3(w)(ii)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
While the informant was proceeding to her in-laws
Patna High Court CR. APP (SJ) No.3842 of 2019(4) dt.24-10-2019 2/3
house along with her husband, four named accused persons including the appellant intercepted them on the way and pulled her down from her motorcycle and appellant Chunnu Patel tore her blouse and slated her in the name of her caste. When her husband rushed in her rescue, he assaulted her husband by means of fist. Other accused persons also dragged the informant slating her in the name of her caste over dispute of drain.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dispute of drain. None has sustained injury in the occurrence. There is inordinate delay of twenty days in giving information to the police station though the fardbeyan was recorded on the following day and the FIR has been sent to the court after abnormal delay of 12 days indicating the aforesaid fardbeyan to be ante dated. Parties to the case have compromised the matter. Appellant has no criminal antecedent.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a
Patna High Court CR. APP (SJ) No.3842 of 2019(4) dt.24-10-2019 3/3
period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in Bettiah Muffasil P.S. Case No. 464 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
1 issue framed by the court
Whether to allow the appeal against the refusal of anticipatory bail.
2 provisions across 2 enactments
Chunnu Patel
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
