Ashwini Kumar @ Balmiki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.56 of 2021 Arising Out of PS. Case No.-274 Year-2020 Thana- BARHARIA District- Siwan ====================================================== ASHWINI KUMAR @ BALMIKI Son of Janardhan Prasad @ Sethi @ Janardhan Prasad Sethi Resident of Village - Koiri Gawa, P.S.- Barharia, Dist.- Siwan.

... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Jitendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2021 Heard learned counsel for the appellant as well as learned Addl. P.P. for the State.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This is an appeal under section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for bail vide order dated 23.09.2020 passed by learned 1st Additional Session Judge-cum-Spl. Judge, Siwan in connection with A.B.P. No. 1948 of 2020 arising out of Barharia P.S. Case No. 274 of 2020 registered for offence punishable under sections 341, 323, 504, 506/34 of the Indian Penal Code and 3(1)(r)(s) whereby and

Patna High Court CR. APP (SJ) No.56 of 2021(2) dt.28-10-2021 2/3 whereunder the prayer for anticipatory bail on behalf of the appellant has been rejected.

As per allegation, the informant's wife Rambha Devi is a ward member of gram panchayat raj, Koeri Gawa. Allegedly, the appellant asked the informant on telephone as to where he was. Thereafter, he abused the informant by calling his caste name.

Learned counsel for the appellant has submitted that admittedly the wife of the informant is a ward member, whereas the mother of the informant is Mukhiya of that panchayat and a sum of Rs. 6,00,000/- was sanctioned for Nal-Jal Yozana but the wife of the informant did not carry out the said work. As the mother of the appellant was Mukhiya, the appellant asked the wife of the informant as to what was the reason of nonperforming of the work of Nal-Jal Yozana.Thereafter, the informant assaulted the appellant's side and in that respect on the same day of occurrence, the appellant has also lodged a case, bearing Barharia P.S. Case No. 273 of 2020. He has further submitted that co-accused persons have been granted anticipatory bail in Cr. Appeal (SJ) No. 362 of 2021 by a coordinate Bench of this Court.

From perusal of the xerox copy of case and counter

Patna High Court CR. APP (SJ) No.56 of 2021(2) dt.28-10-2021 3/3 case it appears that the occurrence did not take place due to malicious feeling of caste. Co-accused persons have been granted anticipatory bail by the coordinate Bench. Considering the facts and circumstances of the case, the impugned order dated 23.9.2020 is set aside and the appellant, in the event of his arrest or surrender within four weeks from today is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Session Judge-cum-Spl. Judge, Siwan in connection with Barharia P.S. Case No. 274 of 2020.

Accordingly, this appeal is allowed.

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) SONALI/- U T