Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1293 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- BAJPATTI District- Sitamarhi ====================================================== Sujit Kumar Son Of Rajeshwar Sah Resident Of Village - Mahmudpur, Police Station - Bajpatti, District - Sitamarhi ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Sunaina Devi Wife Of Ramswarath Das Resident Of Village - Mahmudpur, Police Station - Bajpatti, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Uday Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

03-10-2024 Heard learned counsel for the appellant and learned Special P.P. for of the State.

2. This appeal has been filed against the order dated 19.01.2024 passed by learned 1st Additional Sessions Judgecum-Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Bajpatti P.S. Case No. 268 of 2023, registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "SC/ST Act"), whereby the prayer for anticipatory bail of appellant has been rejected.

3. As per F.I.R., on 02.09.2023 at about 4 PM, the informant got an information that the accused persons named in

Patna High Court CR. APP (SJ) No.1293 of 2024(4) dt.03-10-2024 2/3 the F.I.R. including this appellant are assaulting her son and as such, she reached there and requested them not to assault her son, whereupon, all the accused persons abused her by caste name and brutally assaulted informant and her son and thereafter, fled away.

4. Learned counsel for the appellants submits that F.I.R. has been lodged after a delay of four days without there being any plausible explanation of delay. He further submits that though, there is allegation of assault, but there is no injury report on record. The allegation of assault is general and omnibus. As a matter of fact, this appellant runs a general store at Sonbarsa Chowk and has got no concern with the alleged occurrence. Learned counsel further submits that F.I.R. does not disclose that at the time of occurrence, any member of the public was present and as such, no offence under the SC/ST Act is made out against this appellant. Appellant claims clean antecedent.

5. Learned Spl. Public Prosecutor for the State vehemently opposes the appeal.

6. However, considering the aforesaid facts and circumstances, the impugned order dated 19.01.2024 is, hereby, set aside and this criminal appeal is allowed.

Patna High Court CR. APP (SJ) No.1293 of 2024(4) dt.03-10-2024 3/3

7. Let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Sitamarhi in connection with Bajpatti P.S. Case No. 268 of 2023.

(Prabhat Kumar Singh, J) anay U T