Robin Raj @ Robins Raj @ Vikku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.378 of 2020 Arising Out of PS. Case No.-455 Year-2019 Thana- BEUR District- Patna ====================================================== 1.

ROBIN RAJ @ ROBINS RAJ @ VIKKU Son of Sadan Ram @ Sadan Chandrabanshi @ Sadan Prasad Resident of Village - Saichak, Bhatta Par, P.S. - Beur, District - Patna.

2.

Radha Kumari @ Radha Kumari Singh Wife of Robin Raj @ Robins Raj @ Vikku Resident of Village - Saichak, Bhatta Par, P.S. - Beur, District - Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sachida Nand Rai For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard the parties.

The matter relates to grant of anticipatory bail to the appellants in connection with Beur P.S. Case No. 455 of 2019 registered for the offences under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST Act.

Allegedly, while the informant was making conversation with his wife, the accused persons pointed pistol in

Patna High Court CR. APP (SJ) No.378 of 2020(2) dt.06-10-2020 2/3 his stomach and tried to get him seated in the Maruti Car forcibly. Anyhow, he escaped himself from the accused. It has been submitted on behalf of the appellants that the appellant No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the present case. There is case and counter case between the parties. General and omnibus allegation has been made against the appellants. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case. The matter has already been compromised between the parties.

On behalf of the State, it is submitted that the appellants are named in the Complaint Case/F.I.R. In view of the aforesaid facts and circumstances, the order dated 11-12-2019 passed by learned Additional District & Sessions Judge-VIII-cum-Special Judge, SC/ST Act, Patna in Beur P.S. Case No. 455 of 2019 is set aside. The present Criminal Appeal is allowed.

Accordingly, let the appellants, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on

Patna High Court CR. APP (SJ) No.378 of 2020(2) dt.06-10-2020 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions JudgeVIII-cum-Special Judge, SC/ST Act, Patna in connection with Beur P.S. Case No. 455 of 2019.

(Sudhir Singh, J) A.K.V.//- U T