Akash Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1040 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- SC/ST District- East Champaran ====================================================== 1.

Akash Jha, Son of Nawal Kishoe Jha 2.

Prem Mukhiya Son of Late Jugeshwar Mukhiya 3.

Lalchuni Devi Wife of Musafir Mukhiya, 4.

Bindu Devi Wife of Prem Mukhiya 5.

Punya Kali Devi Wife of Late Jugeshwar Mukhia All Resident of Village - Barhara Siwan, P.s.- Dhaka, Distt.- East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Parasmani For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-03-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 31.01.2019 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, SC/ST (POA) Act, East Champaran at Motihari in ABP No. 3635 of 2018 arising out of Motihari SC/ST P.S.Case No. 41 of 2018 registered under Sections 323, 341,354B, 379, 504 and 506/34 of the Indian penal Code and Sections 3(i)(d)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation as per FIR is that appellants entered into the

Patna High Court CR. APP (SJ) No.1040 of 2019 dt.28-03-2019 2/2 house of the informant and assaulted and abused her. Submission of learned counsel for the appellants is that so far appellant no. 1 is concerned, no specific allegation has been attributed against him and so far other appellants are concerned, except appellant no. 2, all other are ladies and the informant is in habit of lodging such type of cases which have been mentioned in para-3 of the appeal and in those cases final form has been submitted.

Heard learned Spl. P.P also who has opposed the prayer for anticipatory bail of the appellants.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the appellants rather they should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on the basis of material available on record merit without being prejudiced by this order, if possible, on the same day.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date