Sabita Devi @ Savita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4280 of 2023 Arising Out of PS. Case No.-238 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.
SABITA DEVI @ SAVITA DEVI WIFE OF OMPRAKASH SAH RESIDENT OF VILLAGE- BADA JAIRAM, PS- CHIRAIYA, DISTTEAST CHAMPARAN 2.
ANIL SAH SON OF RAMSWARATH SAH RESIDENT OF VILLAGEBADA JAIRAM, PS- CHIRAIYA, DISTT- EAST CHAMPARAN 3.
ARBIND KUMAR SON OF RAMSWARTH SAH RESIDENT OF VILLAGE- BADA JAIRAM, PS- CHIRAIYA, DISTT- EAST CHAMPARAN 4.
CHANCHAL KUMAR SON OF RAMSWARTH SAH RESIDENT OF VILLAGE- BADA JAIRAM, PS- CHIRAIYA, DISTT- EAST CHAMPARAN 5.
SUDHIR KUMAR SON OF RAMSWARTH SAH RESIDENT OF VILLAGE- BADA JAIRAM, PS- CHIRAIYA, DISTT- EAST CHAMPARAN 6.
SURAJ KUMAR SON OF OMPRAKASH SAH RESIDENT OF VILLAGE- BADA JAIRAM, PS- CHIRAIYA, DISTT- EAST CHAMPARAN ... ... Appellant/s
Versus
1.
The State of Bihar 2.
PRAMILA DEVI WIFE OF RAMBABU BAITHA RESIDENT OF VILLAGE- BADA JAIRAM, PS- CHIRAIYA, DISTT- EAST CHAMPARAN ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rahul Singh For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2024
1. Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.
2. An order, dated 27.06.2023, passed by learned Special
2/5 Judge SC/ST, East Champaran at Motihari, in ABP No. 2999 of 2023, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Chiraiya Police Station Case No. 238 of 2023 registered for the offence punishable under Sections 147/149/323/379/452/354B of the Indian Penal Code and Section 3(1)(r)(s)(w) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.
3. The prosecution case, as per the First Information Report, is that the police arrested the informant's husband Rambabu Baitha and took him to police station in connection with Chiraiya Police Station Case No. 70 of 2023, which was lodged by the mother of appellant nos. 2 to 5. Thereafter, on 09.04.2023, the appellants entered /arrived at the house of the informant-Pramila Devi, assaulted and abused by her caste name and also snatched golden locket worth Rs. 60,000/-.
4. Learned counsel for the appellants submits that the appellants have not committed any offence in the manner
3/5 alleged with an intention to humiliate or commit atrocities upon the informant. Infact, prior to lodging of the present First Information Report, for an occurrence which has taken place on 16.02.2023 against the appellants side by the husband of the informant and other, Chiraiya Police Station Case No. 70 of 2023 was lodged by the mother of appellants nos. 2 to 5. He next submits that the husband of the informant was arrested by the police in connection with Chiraiya Police Station Case No. 70 of 2023 and after the arrest of the informant's husband on 09.04.2023 in order to take revenge, delayed complaint was lodged by the informant after 20 days from the date of occurrence on 29.04.2023, which was subsequently converted into First Information Report under Section 156(3) of the Code of Criminal Procedure.
5. On the other hand, learned counsel for the respondent no. 2 and the State opposes the prayer for anticipatory bail of the appellants and submits that the appellants, taking advantage of the fact that informant's husband had gone to jail, arrived at the house of the informant, assaulted and abused by her caste name and also snatched her valuables. He further submits that the reason for delay in lodging the
4/5 complaint is that informant took all possible steps, but the police did not accept the First Information Report.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that husband of the informant was arrested in connection with First Information Report lodged by the side of the appellants and after delay of 29 days from the date of alleged occurrence, the complaint was filed which was subsequently converted into First Information Report, I am inclined to grant the appellants privilege of anticipatory bail.
7. This appeal is, accordingly, allowed and the order, dated 27.06.2023, passed by learned Special Judge, SC/ST Act, East Champaran, Motihari, in ABP No. 2999 of 2023, is set aside.
8. Let the appellants, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, East Champaran, Motihari, in connection with Chiraiya Police Station Case No. 238 of
5/5 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T