Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3124 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Bhushan Kumar Son of Shamdeo Chaudhary Resident of Village - Jitpur Bela, P.S.- Jitna, District - East Champaran. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Shanti Devi Wife of Tribhuwan Baitha Resident of Village - Jitpur Bela, P.S.- Jitna, District - East Champaran.

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

For the Appellant/s :

Mr. Dhurendra Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-09-2024 Heard learned counsel for the appellant as well as learned counsel for the respondent.

2. This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 05.06.2024 passed by the learned Special Judge, SC/ST Act, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 196 of 2024 registered for the offences punishable under Sections 341/ 323/ 324/ 354B/ 504/ 506 of the Indian Penal Code & Section 3(i)(iii)(xi) of SC and ST (Prevention of Atrocities) Act,

Patna High Court CR. APP (SJ) No.3124 of 2024(3) dt.27-09-2024 2/3 whereby the prayer for bail of the appellant has been rejected.

3. As per prosecution, in course of going to garden, in the way, the appellant is alleged to have caught hold of hand of her daughter and abused her. The appellant took her to bush and on alarm being made by informant's daughter, the appellant tied her hand and cut her both cheeks. The appellant also threatened informant's daughter of dire consequences taking her caste name.

4. Learned counsel for the appellant has submitted that the appellant is innocent and has falsely been implicated in this case. He further submits that there is no explanation of one month delay in lodging the FIR. It has further been submitted that as a matter of fact, the occurrence did not take place in public view. It has also been submitted that the appellant is under custody since 29.04.2024.

5. On the other hand, the learned Special Public Prosecutor has opposed the prayer for bail and submitted that the mark of teeth bite was found in medical report on the cheeks of the victim.

6. In these circumstances, the provisions of SC/ST Act is not attracted prima facie. As such, the appeal is allowed and the impugned order dated 05.06.2024 passed by the

Patna High Court CR. APP (SJ) No.3124 of 2024(3) dt.27-09-2024 3/3 learned Special Judge, SC/ST Act, East Champaran, Motihari is set aside.

7. Considering the above-mentioned facts and circumstances, the appellant above-named, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 196 of 2024.

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