Rohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3281 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== Rohan Singh Son of Narendra Singh @ Narendra Kumar Singh Resident of Village- Chandpura, P.S.- Sheosagar, District- Rohtas. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Sada Nand Roy For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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 05.07.2019 passed by learned 1stAdditional Sessions Judge cum Special Judge SC/ST Act, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 98 of 2019 registered under Sections 341, 323, 448 & 354 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellants is said to have intruded into the house

Patna High Court CR. APP (SJ) No.3281 of 2019(2) dt.08-08-2019 2/3 of the informant and on protest made by her sister he slapped her. When informant and her father rushed in her rescue he assaulted and misbehaved with the informant and also assaulted her father.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. As a matter of fact, the father of the informant has snatched money of the father of the appellant and for which his father has lodged a case against the father of the informant being Sheosagar P.S. Case No.99 of 2019 and to save skin from the said case, the accused of the said case got this false and frivolous case lodged against the appellant through his daughter. No one has sustained injury in the occurrence and the matter has been patched up through the Gram Kutchery. Appellant has no criminal antecedent. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. APP (SJ) No.3281 of 2019(2) dt.08-08-2019 3/3 amount each to the satisfaction of the learned 1stAdditional Sessions Judge cum Special Judge SC/ST Act, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 98 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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

(Prakash Chandra Jaiswal, J) Trivedi/- U T