Babulal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.973 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- UCHKAGAON District- Gopalganj ====================================================== BABULAL MAHTO Son of Hira Mahto, R/O VILLAGE NAWADA PARSAUNI MATHIA TOLA, P.S-UCHAKAGAON, DISTRICTGOPALGANJ. ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Raj Kumar Baitha Nageshwar Baitha R/O-Nawada Parsauni, P.S.- Uchakagaon, District-Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ranjeet Kumar Pandey Mr. Rajesh Kumar For the State :

Mrs. Usha Kumari No. 1 For the Informant Mr. Dharmveer ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-02-2023 The learned counsel for the appellant is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the appellant as well as the learned Special Public Prosecutor for the State. 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, 1989 for setting aside the order dated 24.11.2020 passed by the learned 1st A.D.J.-cum-Special Judge, SC/ST Act, Gopalganj registered for offence punishable under sections 341, 323, 307, 504, 506/34 and added section 302/34 of the Indian Penal Code and 3 (i) (r)/

Patna High Court CR. APP (SJ) No.973 of 2021(3) dt.06-02-2023 2/3 3 (ii) (v) of the SC/ST Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

As per allegation, in the night of 08.05.2020 when the informant was sleeping at his Bathan, the accused persons named in the FIR including the appellant came there and they started assaulting badly the informant and his father and they also abused by calling their caste name. The informant's father was referred to PGI, Patna where he died during course of treatment.

The learned counsel for the appellant has submitted that there is no specific allegation against the appellant to assault the informant and his father and he has falsely been implicated in this case. There is case and counter case. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the appellant and other accused persons abused the informant and his father by calling their caste name and they badly assaulted them resulting into death of the father of the informant. As submitted above, appellant Raman Mahto and appellant Mithun Mahto were arrested, as such, their anticipatory bail petition was dismissed as withdrawn on 02.11.2021 and thereafter, they have been granted regular bail.

Patna High Court CR. APP (SJ) No.973 of 2021(3) dt.06-02-2023 3/3 Considering the above-mentioned facts and circumstances, appellant Babulal Mahto is directed to surrender before the court below and make a prayer for regular bail. I do not see any reason as to why the same benefit should not be extended to appellant Babulal Mahto.

With these observations, this appeal is disposed of. Office shall ensure that all defects are removed by the appellant within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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