Zakir Dewan @ Jakir Alam @ Aalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4219 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- PALANWA District- East Champaran ====================================================== 1.
Zakir Dewan @ Jakir Alam @ Aalam S/o- Jafar Dewan Resident Of VillageBasti Semra, Po and Ps-Palanwa, Dist- East Champaran 2.
Jahila Khaoton @ Jahima Khatoon D/o- Jahir Dewan Resident Of VillageBasti Semra, Po and Ps-Palanwa, Dist- East Champaran 3.
Amana Khatoon Wife of Jafar Dewan Resident Of Village- Basti Semra, Po and Ps-Palanwa, Dist- East Champaran 4.
Shakila Khatoon wife of Jahir Dewan Resident Of Village- Basti Semra, Po and Ps-Palanwa, Dist- East Champaran ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Kalawati Devi wife of Prabhu Ram Resident Of Village- Basti Semra, Po and Ps-Palanwa, Dist- East Champaran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pravin Kumar , Advocate For the Respondent/s :
Mrs. Usha Kumari 1, Spl. PP For informant :
Mr. Dhannjay Kumar No 2 , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2025 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order dated 01.08.2024 passed in a case registered for the offence punishable under sections 147, 149, 341 , 323 , 354 ( B ), 379, 504 and 506 of IPC and sections 3(i)(r)(s), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , informant namely , Kalawati devi alleged that on 12.06.2024 at around 05:00 PM,
Patna High Court CR. APP (SJ) No.4219 of 2024(6) dt.04-12-2025 2/3 due to dispute between children , these petitioners along with co-villagers of informant armed with iron rods, sticks and garasa came and abused informant by caste name and assaulted daughter of informant and others with garasa and also dragged them. It is further alleged that they also looted Rs. 25,000/- from their house .
4. It is submitted on behalf of these appellants that on account of dispute between children of both the parties an altercation took place in which both sides sustained injuries. Case and counter case . It is further submitted that there is no material to suggest that the offence was committed solely on the ground that the informant belongs to Schedule caste and Schedule tribes and as such, no case under SC/ST Act is made out. Appellants claim clean antecedent.
5 . Learned counsel for the respondent No. 2 as well as learned special Public Prosecutor for the State opposed the bail appeal.
6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.
Patna High Court CR. APP (SJ) No.4219 of 2024(6) dt.04-12-2025 3/3 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge SC / ST Act, Motihari East Champaran in connection with Palanwa Police Station Case No. 89 of 2024 . (Prabhat Kumar Singh, J) Koushik/- U T