Om Prakash Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.650 of 2024 Arising Out of PS. Case No.-367 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Om Prakash Ranjan SON OF MAHESH RAM RESIDENT OF VILLAGEJHAUWARAM PS- DHAKA DISTT- EAST CHAMPARAN ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Ruma Devi Late Yogendra Manjhi Resident of Village- Karsahiya, P.S.- Dhaka, District- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kundan Rathore, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State but in spite of valid service of notice none is present on behalf of the respondent no.2.

2. 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 01.11.2023 passed by learned Special Judge (SC/ST Act), East Champaran at Motihari in connection with Dhaka P.S. Case No. 367 of 2023 registered under Section 302/34 of the Indian Penal Code and Section 3 (z) (v) of the

Patna High Court CR. APP (SJ) No.650 of 2024(4) dt.04-12-2024 2/3 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. The prosecution case, in brief, is that upon being informed when the informant went to the place of occurrence she found the dead body of her husband in mutilated conditions. It has been alleged that her husband, namely, Yogendra Manjhi was killed by the appellant on account of suspicion of illicit relationship between the husband of the informant and his wife.

4. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. The appellant has been made accused in this case merely on suspicion. There is no eye witness of the occurrence. The informant herself stated that the allegation was levelled after due deliberation and consultation with the family members and well-wishers. Appellant has no criminal antecedent.

5. Learned Spl. PP for the State opposed the prayer for bail and submitted that the allegation against the appellant is very serious, hence he does not deserve privilege of anticipatory bail.

Patna High Court CR. APP (SJ) No.650 of 2024(4) dt.04-12-2024 3/3

6. In the facts and circumstances of the case and the nature of the allegation, I am not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected.

7. Accordingly, this appeal is dismissed.

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