Dinesh Kumar Sah @ Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2025 of 2017 Arising Out of PS.Case No. -8 Year- 2013 Thana -SC ST District- VAISHALI(HAJIPUR) ======================================================

1. Dinesh Kumar Sah @ Dinesh Sah Son of Amrit Sah, Resident of VillageAjampur, P.S.- Desari, District- Vaishali. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 This appeal is directed against order dated 6.4.2017 passed by the learned Special Judge, (SC/ST Act) Vaishali at Hajipur dismissing the petition of the appellant under Section 228 of Cr.P.C. finding the materials on record and a prima facie case made out against the appellant under Section 279 & 304 of the Indian Penal Code and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act.

Submission of the learned counsel for the appellant is that on the basis of materials available on record, it clearly appears that this is a case of accident and the deceased died due to injuries received in the said accident and the Dy.S.P., Vaishali after investigation found the case true under Section 279 of the Indian Penal Code but on the direction of the I.G. of Weaker Sections,

Patna High Court CR. APP (SJ) No.2025 of 2017 (3) dt.13-09-2017 2/3 the charge sheet has been submitted under Section 279 and 304 of the IPC as well as Section 3 (ii)(v) of the S.C./S.T. (Prevention of Atrocities) Act. It is further submitted that though the informant and some other witnesses have named the appellant and also stated that he has killed the deceased, however, they are not eye witness of the occurrence, whereas witness Sanjeev Singh and Namo Narayan Singh and other witnesses in para 10, 12, 13, 14 and other paragraphs have mentioned that the deceased has received injury in the motor cycle accident and as such Dy. S.P.

Vaishali in his supervision note found the case under Sections 279 and 304 of the IPC, however, without considering the aforesaid materials, the learned Special Judge has found the case true under Section 279 and 304 of the Indian penal Code and also under Section 3 (ii)(v) of the SC/ST (Prevention of Atrocities) Act as well as in order to blackmail the appellant, the present case has been filed. It has also been found in the evidence that Rs.50,000/- was taken by the informant for treatment of the deceased and more money was also demanded but he has not fulfilled, as such the present case has been lodged.

Heard learned Special P.P., who has opposed the prayer for bail, however, he has conceded this fact that except family members of the informant, who are not eye witnesses of the

Patna High Court CR. APP (SJ) No.2025 of 2017 (3) dt.13-09-2017 3/3 occurrence almost all the witnesses have stated about the injury caused to the injury in an accident.

Having heard both sides and in view of the facts and circumstances, this appeal is allowed.

Let the impugned order dated 6.4.2017 passed in Hajipur SC/ST P.S.Case No.08 of 2013 is set aside. Learned Special Judge is directed to proceed in accordance with law as materials show only a prima facie case U/S 279 and 304A of the Indian Penal Code found against the appellant. (Vinod Kumar Sinha, J) chn/- U T