Anurag Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Anurag Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to appellant Anurag Kumar: on arrest/surrender within eight weeks, to furnish bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Special Court, Gaya in connection with SC/ST P.S. Case No. 47 of 2023; impugned order dated 13.10.2023 set aside with respect to this appellant only.

Issue for consideration

Whether appellant Anurag Kumar is entitled to anticipatory bail in SC/ST P.S. Case No. 47 of 2023, notwithstanding the rejection of his anticipatory bail prayer by the Exclusive Special Judge, SC/ST Special Court, Gaya.

Court's answer

In the event of arrest/surrender within a period of eight weeks, the appellant is to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST Special Court, Gaya, in connection with SC/ST P.S. Case No. 47 of 2023.

Ratio / Principle

The criminal appeal is allowed and the impugned order dated 13.10.2023 is set aside with respect to this appellant only.

Detailed headnote1 paragraphs

High Court of Judicature at Patna (Prabhat Kumar Singh, J.), Criminal Appeal (SJ) No. 432 of 2024, decided 03-10-2024. Appeal against order dated 13.10.2023 of the learned Exclusive Special Judge, SC/ST Special Court, Gaya (ABP No. 356 of 2023) rejecting the prayer for anticipatory bail of appellant Anurag Kumar in connection with SC/ST P.S. Case No. 47 of 2023 (District Gaya), instituted under Sections 341, 323, 452, 379, 354(B), 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Per prosecution case, the F.I.R.-named accused, including the appellant, variously armed, allegedly entered the informant's house, assaulted her and abused her by caste name; the informant further alleges the accused are also accused in Paraiya P.S. Case No. 225 of 2021 and are pressurizing her to withdraw it. Appellant's counsel submitted that the appellant is innocent, is not accused in Paraiya P.S. Case No. 225 of 2021 (motive thereby belied), that the F.I.R. was lodged after an inordinate delay of 10 days without plausible explanation, that the F.I.R. discloses no member of public present so no SC/ST Act offence lies against him, and claimed clean antecedents; the Spl. Public Prosecutor opposed bail. Held: considering these facts, the appellant, on arrest/surrender within eight weeks, is to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Court, Gaya; accordingly the criminal appeal is allowed and the impugned order dated 13.10.2023 is set aside with respect to this appellant only.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.432 of 2024

Arising Out of PS. Case No.-47 Year-2023 Thana- SC/ST District- Gaya

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

Anurag Kumar Son of Upendra Singh R/o vill - Sarabdipur, P.S. - Paraiya, Distt. - Gaya

... ... Appellant/s

Versus

The State of Bihar

Sanju Devi W/o Ayodhya Manjhi R/o vill - Sarabdipur, P.S. - Paraiya, Distt. - Gaya

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Aryan Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 03-10-2024

Despite filing Vakalatnama , none appears on behalf of the respondent No. 2.

Heard learned counsel for the appellant and the

State.

This criminal appeal has been filed against the order dated 13.10.2023 passed by learned Exclusive Special Judge, SC/ST Special Court, Gaya in ABP No. 356 of 2023 in connection with SC/ST P.S. Case No. 47 of 2023, instituted under Sections 341, 323, 452, 379, 354(B), 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been

Patna High Court CR. APP (SJ) No.432 of 2024(4) dt.03-10-2024 2/3

rejected.

As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including this appellant, variously armed, entered the house of informant and assaulted her and abused by caste name. Informant alleges that the accused persons are also accused in Paraiya P. S. Case No. 225 of 2021 and they are pressurizing her to withdraw the same.

Learned counsel for the appellant submits that appellant is innocent and has committed no offence. From bare perusal of the F.I.R., it is evident that this appellant is not accused in Paraiya P. S. Case No. 225 of 2021, as such, the very foundation of the motive for this occurrence is belied and there was no occasion for this appellant to commit the alleged offence. F.I.R. has been lodged after inordinate delay of 10 days without any plausible explanation which itself creates doubt over veracity of the prosecution case. Moreover, F.I.R. does not disclose presence of any member of public when the incident occurred, as such, no offence under SC/ST Act is made out against appellant. Appellant claims clean antecedent.

Learned Spl. Public Prosecutor for the State opposed the bail application.

Patna High Court CR. APP (SJ) No.432 of 2024(4) dt.03-10-2024 3/3

Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Special Court, Gaya in connection with SC/ST P.S. Case No. 47 of 2023.

Accordingly, this criminal appeal is allowed and impugned order dated 13.10.2023 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J)

Navya/-

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