Dharmendra Sao @ Tuntun Sao @ Dharmendra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1100 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- KONCH District- Gaya ====================================================== Dharmendra Sao @ Tuntun Sao @ Dharmendra Saw Son Of Tapeshwar Saw Resident Of Village- Pradhana, P.S.- Konch, Dist- Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Birju Paswan S/o Baleshwar Paswan Resident of Village- Pradhana, P.S.- Konch, Dist- Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 09.03.2022 passed by the learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 18 of 2022 instituted for the offences punishable under Sections 354(B) of the Indian Penal Code and Section 3(1)(w) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected.

It is alleged that this appellant made an

Patna High Court CR. APP (SJ) No.1100 of 2022(2) dt.21-07-2022 2/3 attempt to outrage the modesty of the wife of the informant and abused by calling caste name.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case and in the background of some previous dispute, the present case has been lodged. As per F.I.R, the occurrence took place in the house, not in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellant. A statement has been made in para 3 of the petition that appellant has no criminal antecedent.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 09.03.2022 passed by the learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 18 of 2022.

Accordingly, this appeal is allowed.

The appellant, above named is directed to be released on bail in the event of his arrest or surrender

Patna High Court CR. APP (SJ) No.1100 of 2022(2) dt.21-07-2022 3/3 within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 18 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T