Dayanand Prakash Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Dayanand Prakash Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction for enlargement of the appellants on anticipatory bail: upon arrest/surrender within eight weeks, release on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Special Judge, SC/ST (POA) Act, Samastipur; impugned order dated 12.12.2023 set aside with respect to the appellants.

Issue for consideration

Whether the appellants, whose prayer for anticipatory bail had been rejected by the Special Judge, SC/ST (POA) Act, Samastipur, should be enlarged on bail in connection with Shahpur Patori P.S. Case No. 330 of 2023.

Court's answer

Considering the nature of accusation, the Court directed that the appellants, in the event of their arrest or surrender within a period of eight weeks, 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 Special Judge, SC/ST (POA) Act, Samastipur.

Ratio / Principle

The criminal appeal was allowed and the impugned order dated 12.12.2023 was set aside with respect to these appellants only.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), Criminal Appeal (SJ) No. 285 of 2024, decided 03-10-2024 - Anticipatory bail - Appellants Dayanand Prakash and Pushpa Kumari, implicated along with respondent No. 2 (Dr. Manish Kanaujia) in Shahpur Patori P.S. Case No. 330 of 2023, Samastipur, registered under Sections 341, 323, 504, 506/34 IPC and Sections 3(1)(r), 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, had their anticipatory bail prayer rejected by the Special Judge on 12.12.2023 in A.B.P. No. 3151 of 2023. Held, considering the nature of accusation, the appellants were to be enlarged on bail upon arrest or surrender within eight weeks on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each; the impugned order dated 12.12.2023 was set aside with respect to these appellants only, and the appeal was allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.285 of 2024

Arising Out of PS. Case No.-330 Year-2023 Thana- SHAHPUR PATORI District- Samastipur

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

Dayanand Prakash S/O Late Ram Narayan Rai @ Ram Narayan Roy R/O Village- Hasanpur Surat, P.S- Patory, Distt.- Samastipur.

Pushpa Kumari W/O Dayanand Prakash R/O Village- Hasanpur Surat, P.SPatory, Distt.- Samastipur.

... ... Appellant/s

Versus

The State Of Bihar

Dr. Manish Kanaujia S/O Ram Naresh Kanaujia R/O Village- Hasanpur Surat, P.S- Patory, Distt.- Samastipur.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Ms. Khushi Awadh, Advocate Mr. Jitendra Narain Sinha, Advocate For the Respondent/s : Mr. Sadanand Paswan, A.P.P. Mr. Asit Kumar Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 03-10-2024

Heard learned counsel for the appellants, respondent

No. 2 and State.

This appeal has been filed against the order dated 12.12.2023 passed by learned Special Judge, SC/ST (POA) Act, Samastipur in connection with A.B.P. No. 3151 of 2023 arising out of Shahpur Patori P.S. Case No. 330 of 2023, registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(1)(r), 3(1)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for

Patna High Court CR. APP (SJ) No.285 of 2024(4) dt.03-10-2024 2/3

anticipatory bail of appellants has been rejected.

As per prosecution case, on 09.05.2023 at about 6

PM, while minor boy of informant was at his door, these appellants slapped and abused him and when informant came to save the boy, he was also abused.

Learned counsel for the appellants submits that both parties are close door neighbours and due to petty dispute, appellants have falsely been implicated in this case. There is no allegation of abuse by caste name in the F.I.R., as such, no offence under SC/ST Act is made out against appellants.

Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent No. 2 vehemently opposed the bail application.

Considering the nature of accusation, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, 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 Special Judge, SC/ST (POA) Act, Samastipur in connection with Shahpur Patori P.S. Case No. 330 of 2023.

Accordingly, this criminal appeal is allowed and impugned order dated 12.12.2023 is set aside with respect to

Patna High Court CR. APP (SJ) No.285 of 2024(4) dt.03-10-2024 3/3

these appellants only.

(Prabhat Kumar Singh, J)

Navya/-

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