Halesar Ram @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2430 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== HALESAR RAM @ SUNIL KUMAR Son of Surendra Ram Resident of village- Dariyapur, Post Office- Chainpura Dariyapur, P.S.- Naubatpur, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Babita Devi Wife of Satyendra Mochi Resident of village- Chainpura Dariyapur, Post office- Chainpura- Dariyapur, P.s- Naubatpur, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ram Naresh Sharma, Adv.

For the Respondent/s :

Mr.Binay Krishna, Spl.P.P.

Mr.Mrityunjay Kumar, Adv.

Mr.Ram Ganesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2023 Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned Spl.P.P. for the State. This is an appeal under section 14A (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 07.06.2022, passed by learned Special Judge, SC and ST (POA) Act, Patna, in connection with Naubatpur SC/ST P.S. Case No.161 of 2022, registered u/s 341, 323, 448/34 of the IPC and sections 3(i)(r)(s) of the SC/ST Act.

Allegedly, the FIR named accused persons including the

Patna High Court CR. APP (SJ) No.2430 of 2022(4) dt.11-01-2023 2/3 appellant entered into the house of informant and assaulted her husband and daughter.

It is submitted by learned counsel for the appellant that the appellant is quite innocent and has not committed any offence. No such occurrence, in the manner as alleged has ever taken place. Appellant has been falsely implicated in this 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 overt act against the appellants to have abused the informant and also, the occurrence is said to have taken place inside the house of informant, which does not come in public purview. It is further submitted that in the alleged occurrence, no person has sustained any injury. Appellant has no criminal antecedent.

Learned Spl. PP for the State as well as learned counsel for respondent no.2 opposed the prayer for bail. Considering the facts and circumstances of the case, let 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 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

Patna High Court CR. APP (SJ) No.2430 of 2022(4) dt.11-01-2023 3/3 the learned Special Judge, SC and ST (POA) Act, Patna, in connection with Naubatpur SC/ST P.S. Case No.161 of 2022, 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