Munna Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3559 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== MUNNA MAHTO Son of Late Laxman Mahto Resident of Village- Dhangar toli, I.T.I. ward No. 14, P.S.- Bettiah Muffasil, District- West Champaran. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Parwati Devi Munna Dhangad R/O Dhangad Toli, ITI, Ward No.-13, P.S.- Muffasil, District-West Champaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Umesh Chandra Verma For the Respondent/s :
Mrs.Usha Kumari 1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
Despite valid service of notice, as per the office notes, nobody appears on behalf of respondent no.2.
Learned counsel for the appellant is directed to remove the defects within four weeks.
This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (as amended by the Amendment Act, 2015 (Act No.1 of 2016) (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 06.07.2021, passed by learned 1st Additional Sessions
Patna High Court CR. APP (SJ) No.3559 of 2021(3) dt.16-11-2022 2/3 Judge-cum- Spl. Judge, SC/ST, West Champaran at Bettiah, in connection with Bettiah Muffasil P.S. Case No.169 of 2020, registered u/s 341, 323, 354, 504/34 of the IPC and sections 3(1) (r)(s) of the SC and ST Act.
Allegedly, the appellant and one other FIR named accused person abused the informant while passing through her house. Thereafter, other accused persons assaulted her with fists and slaps. Her husband was also assaulted.
It is submitted by learned counsel for the appellant that the appellant is 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 the case with frivolous allegation. It is submitted that no case under the SC/ST Act is made out against the appellant as the occurrence is not said to have taken place in the public view. It is further submitted that the occurrence is alleged to have taken place on 27.10.2019 but the F.I.R. was lodged on 19.03.2020 i.e. after a delay of more than five months. No plausible explanation regarding such delay has been given by the appellant which creates doubt about the prosecution case. There is no specific allegation as to who hurled abuses in the caste name of the informant. Appellant has no criminal antecedent.
Patna High Court CR. APP (SJ) No.3559 of 2021(3) dt.16-11-2022 3/3 Learned Spl. PP for the State opposed the prayer for bail. Considering the delay in lodging the F.I.R., 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 the learned 1st Additional Sessions Judge-cum- Spl. Judge, SC/ST Act, West Champaran at Bettiah, in connection with Bettiah Muffasil P.S. Case No.169 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