Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.827 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- GORAUL District- Vaishali ====================================================== DHIRAJ KUMAR S/o Lal Babu Sah Resident of Village- Inayat Nagar, Rasulpur, P.S.- Goural, Distt- Vaishali.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rakesh Prabhat For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2021 Heard both sides.

The appellant filed this appeal under Section 14 (A)

(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) against the order dated 07.01.2020 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Vaishali at Hajipur in ABP No. 3247/2019 by which the learned Special Judge rejected the prayer for anticipatory bail of the appellant in Goraul PS case No. 402/2019 registered under Section 341, 323, 354, 307/34 of the IPC and u/s 3(i) (r) (s) of SC/ ST Act and for grant of anticipatory bail. The informant, in gist, alleged that while he along with his sisters and other family members went to see Laxmi Puja, the appellant and other accused persons started following them and they also hurled abusive language on the girls and

Patna High Court CR. APP (SJ) No.827 of 2020(2) dt.10-03-2021 2/2 other female members. When the informant objected the accused persons caught collar of the informant and abused him by naming his caste. When the family members of the informant intervened on such Rahul Kumar assaulted the informant with sword on his head.

The learned counsel for the appellant submits that there is no specific allegation of assault against the appellants. All the allegations are false and concocted. The informant is covillager of the appellant and good sense has prevailed subsequently and compromise petition is filed but it appears on the face of allegation made against the appellant that firstly the appellant and other accused persons followed the family members of the informant, who had gone to watch Laxmi Puja, and also stalked and eve teased them.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the appellant on anticipatory bail. Accordingly, the same is rejected.

This appeal is, accordingly, dismissed.

(Prabhat Kumar Jha, J) BKS/- U T