Kishori Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3796 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Kishori Raut Son of Shiv Lagan Raut Resident of Village - Mohalla - Gannipur University Campus, P.S.- University, Distt - Muzaffarpur. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Asharfi Ram Son of Late Sukhdeo Ram Resident of Village - Bethnadih, P.S.- Karza, Distt - Muzaffarpur.

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

For the Appellant/s :

Mr. Gajendra Kumar Singh For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-10-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 05.08.2019 passed by learned 6th Addl. Sessions Judge cum Special Judge, SC/ST (PoA) Act, Muzaffarpur in Complaint Case No. 146 of 2018 registered under Sections 341, 323 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The complainant was working in the house of the

Patna High Court CR. APP (SJ) No.3796 of 2019(3) dt.01-10-2019 2/3 appellant to take care of his cow on the salary of Rs. 6000/- but, the appellant accorded him only Rs. 1000/- per month. On working for ten months, when the complainant demanded his rent Rs. 50,000/- from the appellant, all the accused persons slated him in the name of his caste, and on making protest, they slapped him and spat on him and obtained his signature on the blank papers and made him to leave the house. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to ulterior motive.

As a matter of fact, the complainant was not engaged by the appellant as labourer in his house as the appellant happens to be poor person having no capacity to engage any labour and afford his salary. Allegation levelled against the appellant is not specific rather general and omnibus in nature. Slating the complainant in the name of his caste is said to have been made at the house of the appellant and not in the public view, hence, no offence under SC/ST Act is made out against the appellant. Appellant has no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the

Patna High Court CR. APP (SJ) No.3796 of 2019(3) dt.01-10-2019 3/3 above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judge cum Special Judge, SC/ST (PoA) Act, Muzaffarpur in Complaint Case No. 146 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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