Raja Kumar @ Tabrez Ahmed Niyazee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.598 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- DANAPUR District- Patna ====================================================== Raja Kumar @ Tabrez Ahmed Niyazee Son Of Late Niyaz Khan @ Md. Niauzuddin R/O Mohalla- Anand Bazar, P.S.- Danapur, Distt.- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Shweta Kumari D/O Upendra Paswan R/O Mohalla- Anand Bazari, P.O. And P.S.- Danapur, Distt.- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Madhukar Anand For the Respondent/s :

Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. Though vakalatnama is being filed on behalf of respondent no. 2. Nobody appears on behalf of respondent no. 2.

3. 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 of prayer of anticipatory bail vide order dated 09.12.2022 passed by learned Special Judge (SC& ST Act) Patna, in connection with Danapur P.S. Case No. 397 of 2022 registered under Sections 447, 448, 341, 323, 354, 307, 504, 506 & 34 of the Indian Penal Code and Section 3(i)(r)

Patna High Court CR. APP (SJ) No.598 of 2023(4) dt.11-10-2023 2/3 (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. The prosecution case, in short, is that accused Ashok Tikedar told the informant to work in filthy language to the informant and also hurled abuses to the informant. When the informant refused, the accused persons including the appellant assaulted the informant and her mother.

5. Learned counsel for the appellant submits that the appellant has not concern with the aforesaid occurrence. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under Section SC/ST Act is made out against the appellant. He submits that there is no specific overt act against the appellant. Similarly situated co-accused have been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 10.11.2022, 10.11.2022 and 17.11.2022 passed in Cr. Appeal (SJ) No. 3062 of 2022, Cr. Appeal (SJ) 3174 of 2022 and Cr. Appeal (SJ) No. 2952 of 2022 respectively. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.

6. Learned Spl. PP for the State opposes payer for anticipatory bail.

7. Considering the facts and circumstances of the

Patna High Court CR. APP (SJ) No.598 of 2023(4) dt.11-10-2023 3/3 case, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (SC& ST Act) Patna, in connection with Danapur P.S. Case No. 397 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) anand/- U T