Dinanath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4165 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- PATAHI District- East Champaran ====================================================== 1.

Dinanath Sah S/O Raja Ram Sah Resident Of Village Patahi Nankar, PsPatahi, Dist- East Champaran 2.

Chandeshwar Prasad Sah @ Chandrashekhar Sah Son Of Late Gyani Sah Resident Of Village Patahi Nankar, Ps- Patahi, Dist- East Champaran 3.

Ranjit Sah Son Of Krishna Sah Resident Of Village Patahi Nankar, PsPatahi, Dist- East Champaran 4.

Santosh Kumar Sah Son Of Shankar Sah Resident Of Village Patahi Nankar, Ps- Patahi, Dist- East Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mithlesh Devi Wife Of Nanhak Das Village- Patahi Nankar, Ps- Patahi, DistEast Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Abhishek Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the appellants, learned counsel for the informant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellants against the order dated 22.08.2023 passed by learned Special Judge, SC/ST Act, East Champaran, Motihari whereby the prayer for bail of the appellants in connection with Patahi P.S. Case no. 231 of 2023 under Section 147,

Patna High Court CR. APP (SJ) No.4165 of 2023(3) dt.09-11-2023 2/3 149, 341, 323, 324, 325, 307, 504, 506, 379, 354 of the Indian Penal Code and sections 3(i)(r)(s), w(i), 3(2)(va) of SC/ST Act was rejected.

3. Allegations against the appellants and other coaccused persons are that they, variously armed, entered into the house of informant and abused her by calling her caste name. It is further alleged that they assaulted the informant as well as her family members due to which they sustained injuries.

4. It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case. There is inordinate delay of two days in lodging the F.I.R. There is case and counter case between the parties and in the background of land dispute, the appellants are implicated in this case. They have not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. The appellants are languishing in judicial custody since 24.07.2023.

5. The appeal for bail is opposed by learned Spl.

Patna High Court CR. APP (SJ) No.4165 of 2023(3) dt.09-11-2023 3/3 P.P. for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 22.08.2023 is hereby set aside.

7. The appellants are directed to be enlarged on bail in connection with Patahi P.S. case No. 231 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each of them with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Nirajkrs/- U T