The Patna High Court dismissed an appeal against the rejection of an application for anticipatory bail filed under the SC/ST (Prevention of Atrocity) Act. The court noted specific allegations of armed assault and caste humiliation by the informant.
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.776 of 2020
Arising Out of PS. Case No.-327 Year-2019 Thana- KHUSRUPUR District- Patna
======================================================
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Harish Kumar For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
Heard Mr. Harish Kumar, the learned counsel for the
4 06-04-2021
Patna High Court CR. APP (SJ) No.776 of 2020(4) dt.06-04-2021 2/3
appellants and Mr. Binay Krishna, the learned Special P.P. through video conferencing.
The appellants filed this appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocity) Act against the order dated 11.11.2019, passed by learned Additional Sessions JudgeXX-cum-Special Judge, SC/ST, Patna in ABP No.8392 of 2019 by which the learned Special Judge rejected the prayer for anticipatory bail of the appellants in Khusrupur P.S. Case No.327 of 2019, registered under Sections 147, 149, 341, 323, 325 and 379 of the Indian Penal Code and under Sections 3(1) (R)(W) of the SC/ST Act.
The informant named the appellants and other accused persons and alleged that they all having armed with different weapons firstly assaulted Simu Kumar with sticks and bricks. When the informant and her family members went to save, they were also assaulted. The accused persons abused the informant by naming her caste and threatened of dire consequences.
Learned counsel for the appellants submits that no injury is found on the person of the informant. It is further submitted that there is land dispute between the two sides and that is why the case has been lodged, but from perusal of the
Patna High Court CR. APP (SJ) No.776 of 2020(4) dt.06-04-2021 3/3
case diary, it appears that the informant has made very specific allegation that all the accused persons firstly assaulted Simu Kumar with sticks and bricks. When the informant and others went to save, they were also assaulted and the accused persons also abused the informant in full public view.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the appellants on anticipatory bail. Accordingly, the prayer for anticipatory bail of the appellants is rejected.
The appeal is dismissed.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the appellants' appeal against rejection of anticipatory bail under Section 14(A)(2) of the SC/ST Act should be allowed.
Whether specific allegations of assault and caste-based abuse justify rejection of anticipatory bail despite claims of land dispute.
1 provisions across 1 enactments
Abhinandan Kumar and others
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
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