This appeal challenged the refusal of bail under the SC/ST Act. The High Court observed significant procedural delays in the FIR registration and noted lack of injury to the complainant, granting bail to the appellants.
Appellants were directed to be enlarged on bail by furnishing bonds of Rs. 10,000 each with two sureties of the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.908 of 2019
Arising Out of PS. Case No.-8 Year-2018 Thana- SC/ST District- Muzaffarpur
======================================================
all are residents of village- Raghunathpur, P.S.- Paru, District- Muzaffarpur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar @ S.K. For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 26-04-2019
Heard learned counsel for the appellants 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 for bail vide order dated 31.01.2019 passed by learned 11th Addl. District and Sessions Judge cum Special Judge (SC/ST Act), Muzaffarpur in Tr. No. 463 of 2018 arising out of SC/ST P.S. Case No. 8 of 2018 registered under Sections 341, 323, 379, 504, 506 and 354/34 of the Indian Penal Code and Sections 3(1)(r)(s)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.908 of 2019 dt.26-04-2019 2/3
Atrocities) Act.
On passing through the government canal made in front of the house of the appellants, appellants slated the informant in the name of her caste and Rama Shankar Rai and Manoj Rai tore her blouse while other accused persons assaulted the informant and her gotni who rushed in her rescue.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. There is a case and counter case between the parties. The allegation levelled against the appellants is not specific rather general and omnibus in nature. Victims have sustained no injury. After investigation of the case, I.O. has not sent up the appellants for trial and filed chargesheet only against Shail Kumari Devi that too under Section 504 IPC and Section 3(i)(r) (s) of the SC/ST Act. Though the occurrence is said to be of 25.02.2018 but the F.I.R. has been lodged after abnormal and inordinate delay of eight days on 06.03.2018 without assigning any plausible explanation for the aforesaid delay. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the
Patna High Court CR. APP (SJ) No.908 of 2019 dt.26-04-2019 3/3
above named appellants are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 11th Addl. District and Sessions Judge cum Special Judge (SC/ST Act), Muzaffarpur in Tr. No. 463 of 2018 arising out of SC/ST P.S. Case No. 8 of 2018.
Accordingly, the impugned order is set aside and
appeal is allowed.
(Prakash Chandra Jaiswal, J)
mantreshwar/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 27.04.2019 |
| Transmission Date | 27.04.2019 |
1 issue framed by the court
Whether the appellants were entitled to bail given the nature of allegations under the SC/ST Act and lack of injuries to the victim.
1 provisions across 1 enactments
Rama Shankar Rai @ others
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
