Ravi Ranjan Kumar @ Ravi Ranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1795 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== 1.

RAVI RANJAN KUMAR @ RAVI RANJAN SINGH SON OF LALAN SINGH R/O VILLAGE- PARSAUNI KHEM, P.S.- CHAKIA, DISTRICTEAST CHAMPARAN 2.

BABUL SINGH @ BABUL KUMAR SON OF SANJAY SINGH R/O VILLAGE- PARSAUNI KHEM, P.S.- CHAKIA, DISTRICT- EAST CHAMPARAN ... ... Appellant/s

Versus

1.

The State of Bihar 2.

RAGNI KUMARI WIFE OF LATE BITTU RAM @ PINTU RAM R/O VILLAGE- PARSAUNI KHEM, P.S.- CHAKIA, DISTRICT- EAST CHAMPARAN ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nitu Kumari, Adv.

For the Respondent/s :

Mr.Usha Kumari 1, Spl.P.P.

Mr.Prateek Tandon, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2023 Heard learned counsel for the appellants, learned counsel for the respondent no.2 and learned Spl.P.P. for the State. This is an appeal under section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 08.04.2022, passed by learned Special Judge, SC/ST Act, East Champaran, Motihari, in connection with Chakia P.S. Case No.137 of 2021, registered u/s 341, 323, 324, 307, 504, 506/34

Patna High Court CR. APP (SJ) No.1795 of 2022(3) dt.12-04-2023 2/3 of the IPC and sections 3 (r)(s) of the SC/ST Act and later on section 302 IPC was added.

Allegation, as per the F.I.R. is that the named accused persons including the appellants have assaulted the husband of the informant, who died during course of treatment. It is alleged that the accused persons used to call him by caste name and forbade him to not open shop in front of their house. It is submitted by learned counsel for the appellants that the appellants are innocent and have not committed any offence. No such occurrence, in the manner, as alleged, has ever taken place. Appellants have been falsely implicated in the case with frivolous allegation. It is submitted that no offence under the SC/ST Act is made out against the appellants as there is no specific allegation against them and some of the co-accused have been granted bail by the learned Court below. Appellants have no criminal antecedent.

Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for anticipatory bail by submitting that there is ample evidence against the appellants in the case diary and those co-accused, who are being referred to have been granted bail, they have been granted regular bail by the learned Court below and this case is not a fit case for grant

Patna High Court CR. APP (SJ) No.1795 of 2022(3) dt.12-04-2023 3/3 of anticipatory bail.

Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the appellants on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

This appeal is accordingly dismissed.

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