Vikash Sharma @ Vikash Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.252 of 2022 Arising Out of PS. Case No.-130 Year-2017 Thana- GOH District- Aurangabad ====================================================== Vikash Sharma @ Vikash Kumar Sharma Sonof Bhushan Sharma Resident Of Village - Dadar, P.S.- Goh, Distt.- Aurangabad. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Santosh Kumar Pandey For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 20.12.2021 passed by the learned Additional District & Sessions Judge-I-cum-Special Judge, SC/ST Act, Aurangabad in connection with Goh P.S. Case No. 130 of 2017 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 379, 452, 427, 354, 504, 506 of the Indian Penal Code and Section 3(1)(r)/3(i)(w)(i)/ 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected.

Patna High Court CR. APP (SJ) No.252 of 2022(2) dt.07-07-2022 2/3 The accusations are of making assault, outraging the modesty and abusing by calling caste name.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. There is general and omnibus allegation against the appellant. The specific accusation is against Ritesh and Om Kumar. As per F.I.R, the occurrence took place in the house of the informant, not in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellants. A statement has been made in para 3 of the petition that appellant has no criminal antecedent.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 20.12.2021 passed by the learned Additional District & Sessions Judge-I-cum-Special Judge, SC/ST Act, Aurangabad.

Accordingly, this appeal is allowed.

Patna High Court CR. APP (SJ) No.252 of 2022(2) dt.07-07-2022 3/3 The appellant, above named is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Aurangabad in connection with Goh P.S. Case No. 130 of 2017.

(Sunil Kumar Panwar, J) Shageer/- U T