Mukhtar Alam @ Md. Mukhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3198 of 2022 Arising Out of PS. Case No.-115 Year-2022 Thana- IMAMGANJ District- Gaya ====================================================== 1.

MUKHTAR ALAM @ MD. MUKHTAR MIAN S/O SHADIK ALAM Resident of village- Beduali, P.S.- Imamganj, District- Gaya. 2.

MAHFOOZ ANSARI @ MAHFOOZ ALAM S/O MD. MURTAZA ANSARI Resident of village- Beduali, P.S.- Imamganj, District- Gaya. 3.

AZMAT ALI S/O NEJAMUDDIN MIAN Resident of village- Beduali, P.S.- Imamganj, District- Gaya.

4.

GULAM SARWAR @ MD. GULAM SARWAR S/O MD. AKBAR ALI Resident of village- Beduali, P.S.- Imamganj, District- Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

PYARI DEVI W/O LATE RAM DAS PASWAN Resident of VillageBedauli, P.S.- Imamganj, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Md. Murad Ashraf, Advocate For the Respondent/s :

Mr. Binay Krishna, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2023 Heard learned counsel for the appellants, the State and respondent no.2.

The present appeal is directed against the order dated 18.08.2022, passed in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 325, 504, and 506 of the Indian Penal Code read with Sections 3⁄4, Prevention of with Practice Act and 3(i)(r)(s). 3(2) (v-a) of SC and ST Act, whereby anticipatory bail of the appellants has been rejected.

As per FIR all the accused persons including these appellants came to the house of the informant, abused her with

Patna High Court CR. APP (SJ) No.3198 of 2022(3) dt.26-04-2023 2/3 caste name and assaulted her with fist and sticks. Learned counsel for the appellants submits that the FIR has been lodged by the informant after delay of 12 days and there is no explanation for the same. Unexplained dealy in lodging F.I.R casts serious doubt on genuineness of prosecution case. Allegation of assault is general and omnibus. The alleged incident did not take place within the public view as such no offence U/S 3(i)(r)(s). 3(2) (v-a) of SC/ST Act is made out. Appellants claim clean antecedent.

Learned counsel for the state and respondent no.2 oppose the prayer for bail.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 18.08.2022 is set aside.

Accordingly, in the event of arrest or surrender the appellant, above named, before the court below within eight weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Imamganj P.S Case No. 115 of 2022 subject to

Patna High Court CR. APP (SJ) No.3198 of 2022(3) dt.26-04-2023 3/3 the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.

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