Priti Kumari Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.613 of 2024

Arising Out of PS. Case No.-206 Year-2023 Thana- FESHAR District- Aurangabad

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Priti Kumari (F), aged about 18 years, Daughter of Rajesh Saw, Resident Of Village- Pandey Khap, P.S.- Fesar, Distt- Aurangabad.

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... ... Appellant

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Versus

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The State of Bihar.

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Niranjan Kumar, Son Of Late Jagdeo Paswan, Resident Of Village- Pandey Khap, P.S- Fesar, Distt- Aurangabad.

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... ... Respondents

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====================================================== Appearance : For the Appellant : Mr. Ashok Singh, Advocate For the Respondent No. 2 : Mr. Birendra Singh, Advocate For the State : Mrs. Usha Kumari 1, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 04-12-2024

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Heard learned counsel for the appellant, learned counsel for the respondent no. 2 and learned Spl. P.P. for the State.

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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 for prayer of anticipatory bail of the appellant vide order dated 06.12.2023, passed by the learned Special Judge-cum-Ist Additional District & Sessions Judge, Aurangabad, in A.B.P. No. 2286 of 2023, arising out of Fesar P.S. Case No. 206 of 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307,

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Patna High Court CR. APP (SJ) No.613 of 2024(4) dt.04-12-2024 2/4

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302, 504 of the I.P.C. and Sections 3(1)(r)(s), 3(2)(v) of the SC/ST (POA) Act.

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The prosecution case, in brief, on 14.11.2023 at 4.00 P.M., while the cousin brother of the informant, Sujeet Kumar was returning to his home after grinding flour, the coaccused Ramakant Kumar and Govind Sao stopped and assaulted him causing hand injury. When the informant’s family went to the door of the co-accused Sanjay Sao for query about it, several co-accused persons having lathi-danda in their hands came and assaulted the informant’s family members due to that they sustained injuries. When the informant’s grand mother, Munari Devi came to pacify the quarrel, the co-accused Dhananjay Sao assaulted her with rod due to that she died. When fight was going on, the appellant alongwith several coaccused were pelting bricks and stones from their roofs on the informant’s family members by calling his caste name.

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It is submitted by learned counsel for the appellant that the appellant is quite innocent and has falsely been implicated in the present case due to ulterior motive. There is general and omnibus allegation against the appellant. It is further submitted that the specific allegation of assault on the deceased is against the co-accused Dhananjay Sao. The

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Patna High Court CR. APP (SJ) No.613 of 2024(4) dt.04-12-2024 3/4

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appellant is an unmarried girl. The other co-accused Dhananjay Kumar @ Baiju Sao @ Dhananjay Prasad Gupta @ Dhananjay Sao has already been granted antiicpatory bail by a Bench of this Court vide Cr. Appeal (SJ) No. 759 of 2024 under order dated 23.08.2024. The appellant has clean antecedent as stated in paragraph no. 3 of the memo of appeal. No member of public was present at the relevant point of time of the alleged incident. Hence, no offence under the SC/ST Act is made out against the appellant.

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Learned Spl. P.P. for the State and learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant.

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In view of the aforesaid facts and circumstances of the case, the impugned order dated 06.12.2023, passed by learned Special Judge-cum-Ist Additional District and Sessions Judge, Aurangabad in A.B.P. No. 2286 of 2023, arising out of Fesar P.S. Case No. 206 of 2023, is set aside against the appellant. The criminal appeal is allowed.

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Accordingly, the above named appellant, in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-

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Patna High Court CR. APP (SJ) No.613 of 2024(4) dt.04-12-2024 4/4

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(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Additional District and Sessions Judge-cum-Special Judge (SC/ST) Aurangabad in connection with Fesar P.S. Case No. 206 of 2023.

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(Chandra Prakash Singh, J)

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U.K./- U T

Priti Kumari v. The State of Bihar

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Priti Kumari v. The State of Bihar

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