Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4140 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== ARJUN SINGH Son of Tribhuwan Singh @ Bhuwan Singh R/o village - Bare, P.S.- Chinpur, District - Kaimur at Bhabua ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Tribhuwan Narayan, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-06-2022 Learned counsel for the appellant is permitted to make necessary correction in the address of the appellant. Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The present appeal is directed against the order dated 31.07.2021 passed by learned Additional District & Sessions Judge-I-cum-Special Judge, Kaimur at Bhabua in a case registered for the offence punishable under Sections 341, 504 and 506 of the Indian Penal Code and Sections 3(1)(r)(s)(w) (ii)/3(v)(a) of the SC/ST Act, whereby anticipatory bail of the appellant has been rejected.

It is a case of giving threaten and abusing her by the appellant including the accused persons.

It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.4140 of 2021(2) dt.30-06-2022 2/2 that the provision of SC/ST Act is not attracted because the occurrence was not committed in public view as alleged incident took place in the house of the informant. He further submits that the appellant has not committed any offence in public view.

Learned Special Public Prosecutor has vehementally opposed the prayer for anticipatory bail of the appellant. Having heard learned counsel for the parties, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 31.07.2021 passed in A.B.P. No.636 of 2021 is hereby set aside.

The appellant is directed to be enlarged on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I-cum-Special Judge, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 100 of 2021. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T