Deepak Kumar Singh @ Deepak Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1775 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== DEEPAK KUMAR SINGH @ DEEPAK KUMAR VERMA Son of Late Satish Verma Resident of Village - Singhara, P.S.- Dulhin Bazar, District - Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mira Kumari Umesh Kumar Das R/V- Singhara, P.S.-Dulhin Bazar, DistPatna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shiva Shankar Pd. Singh, Adv.

Mr. Pushpendra Priyedarshi, Adv.

For the Respondent/s :

Mr. Binay Krishna, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. Though notice was validly served upon the respondent no. 2, but nobody appeared on behalf of the respondent no. 2.

3. This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 17.10.2022 passed by learned Exclusive Special Court SC/ST Act, Patna, in connection with Dulhin Bazar P.S. Case No. 208 of 2022 registered under Sections 341,

Patna High Court CR. APP (SJ) No.1775 of 2023(4) dt.27-09-2024 2/3 323, 504, 34 of the Indian Penal Code and Section 3(i)(s), 3(2) (v) of the SC/ST Act.

4. The appellant and other co-accused persons are said to have abused the informant by taking her caste name.

5. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under SC/ST Act is made out against the appellant. He submits that there is case and counter case between the parties. Similarly situated coaccused has been granted anticipatory bail by this Court vide order dated 03.05.2023 passed in Cr. Appeal (SJ) No. 4180 of 2022. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.

6. Learned Spl. PP for the State opposes prayer for bail and submits that the appellant abuses the respondent no. 2/informant by taking caste name.

7. Considering the facts and circumstances of the case, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. APP (SJ) No.1775 of 2023(4) dt.27-09-2024 3/3 sureties of the like amount each to the satisfaction of learned Exclusive Special Court SC/ST Act, Patna, in connection with Dulhin Bazar P.S. Case No. 208 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) anand/- U T