Sanjay Mahto Vs The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Md Fazle Karim, Adv. For the informant : Mr. Birendra Kumar Singh,Adv. For the State : Mr.Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 11-07-2024

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Heard learned counsel for the appellant, learned

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counsel for the informant and learned counsel for the informant and learned Spl. P.P. for the State.

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2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer of bail of the appellant vide order dated 08.01.2024 passed by the learned Special Judge, SC/ST Act, Purnea in connection with SC/ST P.S. Case No. 15 of 2023 dated 18.04.2023 registered for the alleged offences punishable under Sections 147, 148, 341, 323, 325, 354, 379, 504 and 506 of the Indian Penal Code and Sections 3(i)(r)(s)(e) of the Scheduled Castes and Scheduled Tribes Act.

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3. As per prosecution case, the appellant and the co-

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Patna High Court CR. APP (SJ) No.853 of 2024(4) dt.11-07-2024 2/3

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accused persons holding lathi and danda are alleged to have surrounded the informant and abused her by calling her caste name and started assaulting. The co-accused, Kabir Mahto slammed the informant on the ground by catching hold of her hair and started pressing her neck. The petitioner and the coaccused persons tore the cloth of the informant due to which she became semi naked and also threw her in a drain. The coaccused, Kabir Mahto, Manik Lal Mistri, Amit Mahto and Kalpana Devi pasted garbage of drain over the face and body of the informant and Kabir Mahto and Dilkhush Mahto took golden mangalsutra of the informant. On hulla, villagers came and took the informant to the hospital for treatment.

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4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case due to land dispute. The occurrence took place on 11.04.2023 but the F.I.R. was lodged on 28.04.2023 after the delay of 17 days without any explanation. There is general and omnibus allegation of abusing against the appellant. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellant. As per the injury report of the injured, no sign of external injury to

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Patna High Court CR. APP (SJ) No.853 of 2024(4) dt.11-07-2024 3/3

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the informant except headache. The appellant is in custody since 29.11.2023. The appellant has one criminal antecedent as stated in para 3 of the bail petition.

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5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant.

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6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contenion of the learned counel for the appellant, the impugned order dated 08.01.2024 passed by the learned Special Judge, SC/ST Act, Purnea in connection with SC/ST P.S. Case No. 15 of 2023, is set aside against the appellant. The criminal appeal is allowed.

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7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Purnea in connection with SC/ST P.S. Case No. 15 of 2023.

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(Chandra Prakash Singh, J)

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Gautam/- U T

Sanjay Mahto v. The State of Bihar

Case brief

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Sanjay Mahto v. The State of Bihar

Case brief

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