Bibi Amana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1303 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

BIBI AMANA KHATOON, Wife of Md. kalim Alam @ Kalim Resident of village - Tarcha, P.S. Gouradih, District - Bhagalpur. 2.

Md. Kalim Alam @ Kalim, Son of Md. Answar Resident of village - Tarcha, P.S. Gouradih, District - Bhagalpur.

3.

Md. Ansar Alam @ Ansar Ali, Son of Md. Anwar @ Anwar Ali Resident of village - Tarcha, P.S. Gouradih, District - Bhagalpur. 4.

Uvi Alam @ Uvesh, Son of Md. Anwar @ Anwar Ali Resident of village - Tarcha, P.S. Gouradih, District - Bhagalpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjan Kumar Jha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-07-2021 Heard Mr. Ranjan Kumar Jha, learned Advocate for the appellants and Ms. Usha Kumar - I, learned Special Public Prosecutor for the State.

The appellants have challenged the order dated 28.11.2020, passed by the learned Additional District and Sessions Judge cum Special Judge (SC/ST Act), Bhagalpur, in A.B.P. No. 1675 of 2020, arising out of Jagdishpur (Goradih) P. S. Case No. 153 of 2020, dated 14.05.2020, whereby the prayer made on behalf

Patna High Court CR. APP (SJ) No.1303 of 2021(2) dt.08-07-2021 2/3 of the appellants for grant of anticipatory bail for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 447, 504 and 506 of the Indian Penal Code and Section 3 (1) (r) (s) and 3 1(E)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.

It has been alleged in the F.I.R. that due to the she-goats grazing the field of the other side, an occurrence took place in which the appellants are said to have assaulted the members of the prosecution party. The injuries suffered by the victim are reported to be simple in nature.

The counter version of the case has been lodged prior to the subject F.I.R.

The accusation inviting the mischief of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is highly motivated.

Regard being had to the afore-stated circumstances, the order dated 28.11.2020, passed by

Patna High Court CR. APP (SJ) No.1303 of 2021(2) dt.08-07-2021 3/3 the learned Additional District and Sessions Judge cum Special Judge (SC/ST Act), Bhagalpur, is set aside. The appeal stands allowed.

The appellants, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge cum Special Judge (SC/ST Act), Bhagalpur, in connection with Jagdishpur (Goradih) P. S. Case No. 153 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U T