Ranjeet Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3977 of 2019 Arising Out of PS. Case No.-38 Year-2014 Thana- VALMIKINAGAR District- West Champaran ====================================================== 1.

RANJEET CHAUDHARY Son of Late Prahalad Chaudhary Resident of Village - Lav Kush Ghat, P.S.- Valmikinagar, Distt - West Champaran. 2.

Omprakash Chaudhary Son of Suresh Chaudhary Resident of Village - Lav Kush Ghat, P.S.- Valmikinagar, Distt - West Champaran. 3.

Sundaram Chaudhary Son of Omprakash Chaudhary Resident of Village - Lav Kush Ghat, P.S.- Valmikinagar, Distt - West Champaran. 4.

Satyam Chaudhary Son of Omprakash Chaudhary Resident of Village - Lav Kush Ghat, P.S.- Valmikinagar, Distt - West Champaran. 5.

Bindu Devi Wife of Ranjeet Chaudhary Resident of Village - Lav Kush Ghat, P.S.- Valmikinagar, Distt - West Champaran. 6.

Usha Devi Wife of Omprakash Chaudhary Resident of Village - Lav Kush Ghat, P.S.- Valmikinagar, Distt - West Champaran. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 02.08.2019 by the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), West Champaran at Bettiah in Valmikinagar P.S. Case No. 38 of 2014 registered under Sections 341, 323, 379 and 504/34 of the

Patna High Court CR. APP (SJ) No.3977 of 2019(4) dt.13-02-2020 2/2 Indian Penal Code and Sections 3(1)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The F.I.R. prima facie discloses accusation of commission of offence under Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by the appellants.

In the aforesaid circumstance, in this appeal against the refusal of prayer for anticipatory bail, it cannot be argued that the allegation is general and omnibus and the occurrence is alleged in the background of quarrel between the children of two families.

Accordingly, this appeal stands dismissed as devoid of any merit.

However, in the event of surrender of the appellants, prayer for regular bail shall be considered by the court below without being prejudiced by this order.

(Birendra Kumar, J) mantreshwar/- U T