Dharm Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1497 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- KASBA District- Purnia ====================================================== Dharm Nath Sah S/O Sri Mukundeo Sah R/O Village- Betauna Santhal Tola, P.S- Kasba, Distt.- Purnea.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Runiya Devi W/O Late Sanjay Urawn R/O Village- Betauna Santhal Tola P.S- Kasba, Distt.- Purnea.

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

For the Appellant/s :

Mr. Ram Prawesh Kumar, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, SPP For Opposite Party No.2 :

Mr. Kundan Kumar Singh, Advocate Mr. Jamaluddin Ahmad Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant/Respondent No. 2.

2. The instant appeal has been filed by the appellant against the order dated 09.02.2024, passed by learned Special Judge SC/ST Act, Purnea, whereby the prayer for bail of the appellant in connection with Kasba P.S. Case No. 391 of 2023, under Section 302/34 of the Indian Penal Code and Section 3(1) (r)(s), 3(2)(v) of SC/ST (Prevention of Atrocities Act) was rejected.

2/4

3. Prosecution case, in short, is that, the accused persons arranged a shed of tin near the land of the informant. On protest, the accused persons abused the husband of the informant by taking their caste name and the appellant assaulted him with khanti and bamboo on his chest due to which husband of the informant died at night.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The appellant and informant are door-to-door neighbours. There is allegation of assault to the husband of the informant against the appellant. It is submitted that after assault the husband of the appellant was not taken anywhere for treatment. The deceased was suffering from ailments and due to which he fell down on earth and breath his last. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 14.11.2023 and has one criminal antecedent in which the appellant is on bail.

5. Learned Special P.P. for the State and learned

3/4 counsel for the informant have vehemently opposed the prayer for grant of bail to the appellant. Learned counsel for the informant further submitted that there is specific allegation against the appellant of assaulting the husband of the informant by means of khanti and bamboo on his chest due to which he breath his last at night.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 09.02.2024, passed by learned Special Judge SC/ST Act, Purnea, is hereby set aside.

7. Let the appellant be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kasba P.S. Case No. 391 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the appellant.

(II) The appellant shall appear on each and every date fixed at the trial. In case of default in such appearance on two

4/4 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the appellant.

(Rudra Prakash Mishra, J) Rajorshi/- U T