Bablu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1922 of 2022 Arising Out of PS. Case No.-25 Year-2021 Thana- SC/ST District- Sheikhpura ====================================================== 1.

Bablu Mahto Son Of Bodhan Mahto @ Bidhan Mahto Resident Of Village - Belouni, P.S. - Korma, District - Sheikhpura. 2.

Lokesh Mahto @ Lokesh Kumar Son Of Chandramauli Mahto @ Chandramauleshwar Mahto Resident Of Village - Belouni, P.S. - Korma, District - Sheikhpura.

3.

Lachman Mahto Son Of Sahdeo Mahto Resident Of Village - Belouni, P.S. - Korma, District - Sheikhpura.

4.

Pankaj Mahto @ Pankaj Kumar Son Of Ranjan Mahto Resident Of Village - Belouni, P.S. - Korma, District - Sheikhpura. 5.

Sagar Mahto Son Of Sahdeo Mahto @ Sachdeo Mahto Resident Of Village - Belouni, P.S. - Korma, District - Sheikhpura. 6.

Dhima Mahto @ Navin Kumar @ Navin @ Dhika Mahto Son Of Bodhan Mahto Resident Of Village - Belouni, P.S. - Korma, District - Sheikhpura. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

kaushaliya Devi Wife of Sri Bachchan Ram Resident of Village - Belouni, P.S. - Korma, District - Sheikhpura.

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

For the Appellant/s :

Mr.Syed. Rizwanul Haque For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2022 Heard learned counsel for the parties.

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 17.08.2021, passed by learned 1st Additional District Judge-cum- Special Judge, SC.ST Act, Sheikhpura in connection with Sheikhpura SC/ST P.S. Case No. 25 of 2021, registered under Sections 147, 149, 341,

Patna High Court CR. APP (SJ) No.1922 of 2022(3) dt.30-11-2022 2/3 342, 323, 325, 504, 506, 354(B)/447 of the IPC and Sections 3(1)(r)(s)(w)(i), 3 (2) (va) of SC/ST Act.

Appellants are said to have abused the informant by taking caste name and also assaulted her.

It is submitted by learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that there is general and omnibus allegation levelled against the appellants. He submits that there is no specific allegation against the appellants to abuse the informant by taking caste name in public place. He further submits that appellants have no criminal antecedent as stated in para-3 of this appeal.

Considering the facts and circumstances of the case, let the above named appellants in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District Judge-cum- Special Judge, Sheikhpura in connection with Sheikhpura SC/ST P.S. Case No. 25 of 2021/SC/ST Case No. 36 of 2021, subject to the

Patna High Court CR. APP (SJ) No.1922 of 2022(3) dt.30-11-2022 3/3 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