Abhishek Anand @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1570 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- SC/ST District- East Champaran ====================================================== ABHISHEK ANAND @ ABHISHEK KUMAR Son of Sri Ram Prasad @ Ram Singh Resident of Village- Kamepatti, P.S.- Ladaniya, DistrictMadhubani. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Madhurendra Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 19.02.2019 passed by learned 1st Additional Sessions Judge-cum-Special Judge SC/ST (POA) Act, East Champaran in connection with SC/ST Motihari P.S. Case No. 118 of 2018, registered under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code and under Section 4/6/10 of POCSO Act and also under Section 3 (i) (r) (s) (w-ii) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.1570 of 2019(3) dt.28-06-2019 2/3 Atrocities) Act.

Appellant is said to have married with the informant in the temple and took her to his house but his uncle refused to allow her to live in the house then his father kept both of them at the house of his son-in-law and daughter. She lived there with appellant happily for three months and became pregnant but subsequently uncle, father, brother-in-law and sister of the appellant slated her in the name of her caste, assaulted her and drove her out from their house.

It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in this case. Informant happens to be wife of the appellant and he wants to keep the informant with him but for want of accommodation he is unable to keep her. There is no allegation of any sort of assaulting the informant and slating her in the name of her caste against the appellant hence, no offence under SC/ST Act is made out against the appellant. He has no criminal antecedent.

Learned Spl. P.P. for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing

Patna High Court CR. APP (SJ) No.1570 of 2019(3) dt.28-06-2019 3/3 bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST (POA) Act, East Champaran at Motihari in connection with SC/ST Motihari P.S. Case No. 118 of 2018, subject to condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) T.Kr./- U T