Court allowed the appeal against the refusal of anticipatory bail, setting aside the impugned order and granting bail to appellants under Section 438(2) CrPC. Bail granted subject to furnishing bond and sureties.
Impugned order set aside; appellants enlarged on bail on furnishing bond of Rs. 25,000/- each with two sureties of like 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.327 of 2020
Arising Out of PS. Case No.-166 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur
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... ... Appellants.
... ... Respondents.
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Appearance :
For the Appellant/s : Mr. Pramod Kumar Singh, Advocate. For the Respondent/s : Mrs. Usha Kumari-1, Special P.P.
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the appellants and learned Special Public Prosecutor for the State through virtual Court proceedings.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail
Patna High Court CR. APP (SJ) No.327 of 2020(3) dt.14-12-2020 2/3
vide order dated 17.12.2019 passed by learned 1st Additional Sessions Judge, Samastipur in connection with Complaint Case No. 166 of 2019 registered under Sections 147, 323, 447, 379 & 354B of the Indian Penal Code and Section 3(1) (r) (s) (w), 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
All the accused persons are said to have entered into the house of the complainant and searched complainant’s husband. They assaulted her and slated her in her caste name. Appellant no.1 assaulted her by means of lathi on the head of the informant. Appellant no.2 assaulted on her abdomen and appellant no.3 has taken Rs.2000/-. They also threatened the complainant to withdraw the case lodged by her husband.
It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to previous dispute and enmity. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. Slating the complainant in the name of caste is said to have been made at the house of the complainant and not in public view, hence no offence under SC/ST Act is made out against the appellants. Complainant has not sustained any
Patna High Court CR. APP (SJ) No.327 of 2020(3) dt.14-12-2020 3/3
injury. The learned lower Court has also not mentioned any injury in the impugned order.
Learned Spl. PP for the State opposed the prayer for
bail.
In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Samastipur in connection with Complaint Case No.166 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
1 issue framed by the court
Whether the appeal against the refusal of anticipatory bail should be allowed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2 provisions across 2 enactments
Randhir Kumar Rai and others
The State of Bihar and others
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
