Surendra Prasad @ Rameshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1356 of 2024 Arising Out of PS. Case No.-596 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== SURENDRA PRASAD @ RAMESHWAR PRASAD SON OF LATE PARASNATH VERMA RESIDENT OF VILLAGE - RASALPUR, P.O. - MANPUR, P.S. - MUFFASIL GAYA, DISTRICT - GAYA (BIHAR) ... ... Appellant/s
Versus
1.
THE STATE OF BIHAR 2.
PINKI DEVI WIFE OF GURUDEO CHOUDHARY RESIDENT OF VILLAGE - BAJAURA TOLA, SHIVRATIPUR, POLICE STATION - DOBHI, DISTRICT - GAYA (BIHAR) ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Uma Kant Mishra For the Resp/State :
Mrs.Usha Kumari 1 For Resp.No.2 :
Mr. Ajay Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2024 Heard learned counsel for the appellant, learned Special P.P. for of the State and learned counsel appearing on behalf of respondent no. 2.
2. This appeal has been filed against the order dated 12.02.2024 passed by learned Exclusive Special Judge, SC/ST Spl. Court, Gaya in connection with Sherghati P.S. Case No. 596 of 2023, registered under Sections 341, 313, 406 of the Indian Penal Code and Sections 3(1)(r)(s)(w), 3(2)(v-a) 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.
Patna High Court CR. APP (SJ) No.1356 of 2024(5) dt.22-11-2024 2/3
3. Allegation against appellant and other F.I.R. named accused persons is that they assaulted informant and also abused by taking caste name. It is further alleged that the accused persons also tried to outrage the modesty of informant.
4. Learned counsel for the appellant submits that appellant has falsely been implicated in the present case. Appellant is deed writer and has got no concern with the informant. Further submission is that from perusal of F.I.R., it is apparent that there is admitted land dispute between the parties. Assertion of title and possession by both parties led to alleged occurrence. There is no allegation of abuse and assault against this appellant. The recital of F.I.R. does not disclose that any alleged abuse by caste name and assault took place within the public view, as such, no offence under SC/ST Act is made out.
5. Learned Spl. Public Prosecutor for the State and learned counsel for the respondent no. 2 opposed the appeal.
6. However, considering the aforesaid facts and circumstances, the impugned order dated 12.02.2024 is, hereby, set aside and this criminal appeal is allowed.
7. Let the appellant, as named above, in the event of arrest or surrender within a period of eight weeks from today, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten
Patna High Court CR. APP (SJ) No.1356 of 2024(5) dt.22-11-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Spl. Court, Gaya in connection with Sherghati P.S. Case No. 596 of 2023.
(Prabhat Kumar Singh, J) anay U T