Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3800 of 2022 Arising Out of PS. Case No.-343 Year-2022 Thana- BANMANKHI District- Purnia ====================================================== Santosh Kumar Singh S/O Raghuvansh Prasad Singh Resident Of VillageRajhat, Ward No- 14, (Old Ward No- 15), P.S.- Banmankhi, District- Purnea. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Raj Kumar Paswan S/O Biranchi Paswan Resident Of Village- Banmankhi Ward No- 05, P.S.- Banmankhi, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shailendra Kumar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned Spl. PP for the State informs this Court that he has informed informant, no one appears on behalf of the informant.

This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 19.10.2022 passed by learned Special Judge, SC/ST Act, Purnea in connection with Banmankhi P.S. Case No. 343 of 2022 registered under Sections 341, 504 and 506 of the

Patna High Court CR. APP (SJ) No.3800 of 2022(3) dt.02-03-2023 2/3 Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellant is that he had abused the informant with caste name and filthy words and publicly abused him.

Learned counsel for the appellant that the appellant has not concern with the aforesaid occurrence. There is no allegation of slating the informant in the specific name of his caste. He submits that the both the parties have entered into compromise in this case and a supplementary affidavit has been filed in this regard. Hence, no offence under Section SC/ST Act is made out against the appellant. Appellant has got one criminal antecedent as mentioned in para-3 of memo of the appeal. Learned Spl. PP for the State opposes payer for bail and submits that the appellant abuses the respondent no. 2/informant by taking caste name.

Considering the facts and circumstances of the case and the fact that there is compromise between the parties, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupeees Twenty Five Thousand) with two sureties of

Patna High Court CR. APP (SJ) No.3800 of 2022(3) dt.02-03-2023 3/3 the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Purnea in connection with Banmankhi P.S. Case No. 343 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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

(Anjani Kumar Sharan, J) anand/- U T