Jayram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3875 of 2022 Arising Out of PS. Case No.-195 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== JAYRAM MANDAL Son of Late Bhukhal Mandal @ Bukhan Mandal R/vBhawanipur Desri (Fatehpur), P.S.- Jagdishpur, District- Bhagalpur ... ... Appellant/s

Versus

1. The State of Bihar.

2. Manjula Devi, wife of Naresh Das, resident of village Bhawanipur, P.S. Jagdishpur, District Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rakesh Kumar Sinha For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== 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 assisted by learned counsel for 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 14.09.2022 passed by learned 3rdAdditional Sessions Judge cum Special Judge (SC/ST Act), Bhagalpur in connection with Jagdispur P.S. Case No. 195 of 2022 registered under Sections 302 & 120B of the Indian Penal Code and Section 3(1) 3(2)/r (s) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegation against this appellant is that he in association of other co-accused is said to have killed the son of the informant by inserting wooden stick in his mouth.

Patna High Court CR. APP (SJ) No.3875 of 2022(3) dt.02-03-2023 2/2 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 the case due to dirty village politics. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. It is further submitted that informant herself has admitted that after postmortem and cremation she informed to the police station regarding the alleged occurrence. It is also submitted that there is murmuring in the locality that boy had fallen down from the tree and got serious injury. Appellant has no criminal antecedent.

Learned Spl. PP for the State assisted by learned counsel for the informant vehemently opposing the prayer for bail submitted that as there is ample evidence against the appellant as also considering the seriousness of the allegation, the appellant does not deserve anticipatory bail. In the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected.

Accordingly, this appeal is dismissed.

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