Ashish Kumar Singh @ Ashish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3034 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- SC/ST District- Saharsa ====================================================== ASHISH KUMAR SINGH @ ASHISH SINGH S/o Shashibhushan Singh R/o village- Sonpura, Ward No. 10, P.S.- Simri Bakhtiyarpur, District- Saharsa ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rita Devi W/o Ranjit Sharma R/o village- Sonpura, Ward No. 08, P.S.- Bakhtiyarpur, District- Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Amit Anand For the State :

Mr.Binay Krishna For Respondent 2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2023 Heard learned counsel for the appellant and learned Special P.P. for the State. Despite valid service of notice, nobody appears on behalf of respondent no. 2.

The present appeal has been filed against order dated 02.08.2022 passed by learned A.D.J. 3rd, Saharsa in SC/ST P.S. Case No. 10 of 2022 registered for the offence punishable under Sections 341, 323, 447, 448, 354(b), 379, 504, 506 and 34 of the Indian Penal Code and Section 3(1)(r)(s)(e)(wi) of the Scheduled Castes and the Scheduled Tribes (POA) Act (for short "SC/ST Act"), whereby the prayer for anticipatory bail of appellant was rejected.

As per F.I.R., on the alleged date and time of

Patna High Court CR. APP (SJ) No.3034 of 2022(3) dt.29-03-2023 2/3 occurrence, all the F.I.R. named accused persons including this appellant, variously armed, abused by caste name and assaulted the informant and her family members. It is further alleged that they also snatched ornaments and money from the informant and her family.

Learned counsel for the appellant submits that from bare perusal of the F.I.R., it is apparent that there is no specific allegation against this appellant. There is case and counter case and present case has been lodged after seven days of the alleged occurrence without there being any plausible explanation of delay. It is not the case of the informant that at the time of occurrence there was any member of the public present and as such, no case under the SC/ST Act is made out. The appellant has got clean antecedent.

The appeal is vehemently opposed by learned Special P.P.

Considering the aforesaid facts and circumstances, the impugned order dated 02.08.2022, so far as this appellant is concerned, is, hereby, set aside and appeal is allowed. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the above-named appellant be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

Patna High Court CR. APP (SJ) No.3034 of 2022(3) dt.29-03-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 3rd, Saharsa in SC/ST P.S. Case No. 10 of 2022.

(Prabhat Kumar Singh, J) anay/- U T