Trilok Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2949 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Trilok Thakur Son Of Late Udit Thakur Resident Of Village - Belmohan, P.S.- Phulparas, District - Madhubani.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Urmila Devi wife of Bitrul Paswan Resident of village-Belmohan, P.S.- Phulparas, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Subhash Kumar Jha For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Though the Vakalantnam has already been filed by the respondent no. 2 but no one appears on her behalf.

This is an appeal under section 14(A)(2) 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 bail vide order dated 17.06.2021, passed by learned Additional Sessions Judge-1st, Madhubani in connection with Phulparash P.S. Case No. 19 of 2021, registered under Section 504 of the IPC and Sections 3(i) (r) (s) of SC/ST Act.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case due to land dispute. He submits that the appellant is aged about 68 years of old and in such age no any person can commit such type

Patna High Court CR. APP (SJ) No.2949 of 2021(3) dt.11-08-2022 2/2 of offence as alleged in the FIR. He submits that no case under SC/ST Act is made out against the appellant. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal.

Learned Spl. PP for the State opposes the prayer for bail. In view of the decision rendered in the case of Hitesh Verma Vs. State Of Uttarakhand & Anr. reported in (2020) 10 SCC 710, 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 sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st cum Special Judge SC/ST Act, Madhubani in connection with Phulparash P.S. Case No. 19 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and the appeal is allowed.

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