Rakhi Kumari @ Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3389 of 2023 Arising Out of PS. Case No.-761 Year-2022 Thana- MASAUDHI District- Patna ====================================================== RAKHI KUMARI @ SHARMA D/o Prem Kumar @ Prem Sharma Resident of village - Abdulla Nagar, P.s. - Masaurhi, Distt. - Patna ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Manoj Kumar Singh Son of Late R.P. Singh, A.S.I. R/o Masaurhi, P.S. - Masaurhi, Distt. - Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjay Kumar Sharma For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. The informant of this case is a police personnel, who is represented by the learned Special Public Prosecutor for the State.

3. This is an appeal under Section 14(A)(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 of anticipatory bail vide order dated 15.06.2023 passed by learned Exclusive Special Judge (SC/ST Act), Patna in connection with Masaurhi P.S. Case No.761 of 2022, registered under Sections 341, 323, 504, 353, 332, 334/34 of the Indian Penal Code and Section 3(1)

Patna High Court CR. APP (SJ) No.3389 of 2023(4) dt.20-12-2023 2/3 (r) (s) and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. The prosecution case, in brief, is that the appellant and other co-accused persons misbehaved with the police personnel and assaulted them and also abused one of the police party by taking his caste name.

5. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. She has been falsely implicated in the case. There is no allegation against the appellant to abuse the informant by taking his caste name. There is no specific overt act against the appellant. He further submits that similarly situated co-accused has been granted bail by this Bench vide order dated 01.11.2023 passed in Cr. Misc. No.3497 of 2023. Appellant has no criminal antecedent as mentioned in para-3 of this memo of appeal.

6. Learned Spl. PP for the State opposed the prayer for bail.

7. In the facts and circumstances of the case, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks

Patna High Court CR. APP (SJ) No.3389 of 2023(4) dt.20-12-2023 3/3 from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Patna in connection with Masaurhi P.S. Case No.761 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) shikha/- U T