Rana Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2946 of 2021 Arising Out of PS. Case No.-597 Year-2020 Thana- FATUA District- Patna ====================================================== RANA KUMAR Son of Anil Das Resident of Village- Maksudpur, P.S.- Fatuha, District- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sabita devi wife of Ram Pravesh Paswan village- Maksudpur, P.S.- Fatuha, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anil Kumar Singh For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

As per order dated 05.05.2022, notice was issued to respondent no.2 and the same was validly served but nobody has entered appearance on her behalf.

This is an appeal under section 14(A) 2 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 31.03.2021, passed by learned Additional District and Sessions Judge-III-cum- Special Judge, SC/ST, Patna, in connection with Fatuha P.S. Case No.597 of 2020, registered under sections 147,

Patna High Court CR. APP (SJ) No.2946 of 2021(3) dt.13-10-2022 2/3 148, 149, 342, 323, 354, 307, 373, 504 of the IPC, section 27 of the Arms Act and sections 2(i) (r) (s) (w) of the SC/ST Act. Allegedly, the FIR named accused persons including the appellant came in her locality and started firing and misbehaved with the female members. On information, police came there and the accused fled away but repeatedly, they came armed with pistol, lathi and bricks and assaulted the nephew of informant and others.

It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. No such occurrence as alleged has ever taken place. Appellant has 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 appellant as there is no specific overt act against the appellant to have abused by caste name or to have assaulted the prosecution side. Appellant has one criminal antecedent. Learned Spl. PP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, since there is no specific allegation against the appellant of abusing the informant's side by taking caste name, the appellant named above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed

Patna High Court CR. APP (SJ) No.2946 of 2021(3) dt.13-10-2022 3/3 to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned learned Additional District and Sessions Judge-III-cum- Special Judge, SC/ST, Patna, in connection with Fatuha P.S. Case No.597 of 2020, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this appeal is allowed.

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