Ashok Mahto @ Ashok Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.86 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== ASHOK MAHTO @ ASHOK KUMAR MAHTO S/o Bharat Mahato R/O VILLAGE MAHODIPUR, P.S. MAJHAULIYA, DISTRICT- WEST CHAMPARAN ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bimlesh Kumar Pandey For the Respondent/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2021 Heard learned counsel for the appellant.

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 31.08.2020, passed by the learned Additional District and Sessions Judge1st-cum-Special Judge, West Champaran in connection with Majhaulia P.S.Case No. 320 of 2020, registered for the offences punishable under Sections 341, 323, 447, 504 and 506/34 of the Indian Penal Code and Section 3(i)(r) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of

Patna High Court CR. APP (SJ) No.86 of 2021(2) dt.28-10-2021 2/3 the appellant has been rejected.

The informant Lalmuni Devi, wife of Moti Lal Ram, made an allegation that the appellant in a drunken state abused her and her husband by calling their caste name. The family members of the appellant also indulged in the occurrence. It has further been alleged in the FIR that the leg of the appellant slipped. He fell on the ground and sustained head injuries Learned counsel for the appellant has submitted that he is husband of Ex-Mukhiya and the present case has been filed at the instance of the present Mukhiya. He has further submitted that members of the informant party badly assaulted the appellant and he sustained head injuries and it has falsely been mentioned in the FIR that due to slip he fell on the ground and sustained head injuries. He has next submitted that the appellant, as he was assaulted, has already lodged Majhaulia P.S.

Case No. 313 of 2020, which is prior to the present case. It appears that the appellant has also sustained head injuries and in this respect he has already lodged a case, which is prior to the present case. In these circumstances, the ingredients of SC & ST Act do not prima facie apply to this case.

Considering the facts and circumstances, the appeal is

Patna High Court CR. APP (SJ) No.86 of 2021(2) dt.28-10-2021 3/3 allowed and the impugned order dated 31.08.2020, passed by the learned Additional District and Sessions Judge1st-cumSpecial Judge, West Champaran at Bettiah 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 satisfaction of learned Additional District and Sessions 1st--cum-Special Judge, West Champaran at Bettiah in connection with Majhaulia P.S.Case No. 320 of 2020. Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para 2 hereinabove, failing which the matter shall be brought to the notice of this Court.

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