Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4031 of 2019 Arising Out of PS. Case No.-528 Year-2018 Thana- MASAUDHI District- Patna ====================================================== DHARMENDRA KUMAR S/o Gama Ram Resident of Village- Daudpur, P.S.- Masaurhi, District- Patna.
... ... Appellant/s
Versus
The State of Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Satish Chandra For the Respondent/s :
Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-09-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 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 for anticipatory bail vide order dated 04.07.2019 passed by learned Additional Sessions Judge-XIII-cum Special Judge SC/ST Act, Patna in connection with Masaurhi P.S. Case No. 528 of 2018 (arising out of Special Case No.376 of 2018) registered under Sections 147, 148, 149, 341, 323, 506, 379 & 448 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1) (r) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. On protest made by the informant over
Patna High Court CR. APP (SJ) No.4031 of 2019(2) dt.26-09-2019 2/3 removing of the broken electric pole six named accused persons including the appellant and 10-15 unknown miscreants descending at the house of the informant started slating him in the name of caste. Co-accused Raj Kumar snatched the ornaments of his wife and then left the scene. Again after one hour they arrived at his house and pelted stones inflicting injury to his nephew, namely, Rustam Kumar and Sanjay Viswakarma. Co-accused Raja Kumar and the appellant also resorted firing but they were left unhurt.
It is submitted by learned counsel for the appellant that the appellant has no occurrence with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. The allegation levelled against the appellant is not specific rather general and omnibus in nature. There were altogether 21 persons present at the place of occurrence but the informant has not stated in specific as who slated him in the name of caste. None has sustained any sort of injury in the occurrence. No incriminating article has been recovered from the conscious physical possession of the appellant. There is an inordinate delay of three days in lodging the F.I.R. without
Patna High Court CR. APP (SJ) No.4031 of 2019(2) dt.26-09-2019 3/3 assigning any plausible explanation for the said delay. Appellant has no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, 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 released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XIII-cum Special Judge SC/ST Act, Patna in connection with Masaurhi P.S. Case No. 528 of 2018 (arising out of Special Case No.376 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 this appeal is allowed.
(Prakash Chandra Jaiswal, J) Trivedi/- U T