Manoj Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1710 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- GURUA District- Gaya ====================================================== MANOJ KUMAR SHARMA S/o Late Kardhani Thakur Resident of VillageNadaura, P.S.- Gurua, District- Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ravi Nandan Ravi Das S/o Brishbhan Ravi Das Resident of VillageNadauri, P.S.- Gurua, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Tapeshwar Sharma For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-09-2022 Heard learned counsel for the appellant as well as learned counsel for the informant.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 23.04.2022 in connection with Gurua P.S.Case No. 08 of 2022, registered for the offences punishable under Sections 148, 149, 147, 341, 342, 323, 307, 504, 506, 379 and 120B of the Indian Penal Code and Section 3(i)(r) of SC and ST (Prevention of Atrocities) Act,

Patna High Court CR. APP (SJ) No.1710 of 2022(2) dt.01-09-2022 2/3 whereby the prayer for anticipatory bail of the appellant has been rejected.

The wife of the appellant is co-accused. As per the FIR, the wife of the appellant, who is the headmistress in a school levelled allegation against the informant that the informant was sharing her video clips and she also abused him in filthy words by calling his caste name and she also assaulted him. Later on, she called the accused persons including the appellant, who also assaulted the informant and snatched Rs. 5000/- from his pocket.

Learned counsel for the appellant has submitted that his wife Champa Kumari has been granted anticipatory bail by a coordinate Bench of this Court and the appellant is a person of clean antecedent.

On the other hand, learned counsel for the informant has opposed the prayer for anticipatory bail. Considering the facts and circumstances, the appeal is allowed and the impugned order dated 23.04.2022 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the

Patna High Court CR. APP (SJ) No.1710 of 2022(2) dt.01-09-2022 3/3 satisfaction of learned Exclusive Special Judge, SC/ST Gaya, in connection with Gurua P.S.Case No. 08 of 2022. Office shall ensure that all the defects are removed by the appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T