Ajit Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No. 464 of 2018 Arising Out of PS.Case No. -1210 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Ajit Kumar, son of Bhola Shah, resident of Village- Ajda Sikaria, P.S.- Paliganj, District- Patna, wrongly stated in complaint petition as resident of Village- Kanpa Saidabad, P.S.- Rani Talab, District- Patna.

2. Deepak Kumar, son of Gopal Sao, resident of Village- Raghopur, P.S.- Bihta, District- Patna.

3. Om Prakash Kumar @ Om Prakash, son of Late Bhola Sao, resident of Village- Babupur, P.S.- Bihta, District- Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

2. Malti Devi, Wife of Sanjay Paswan, resident of Village- Bara, P.S.- Rani Talab, District- Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amit Kumar For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned Special Judge SC/ST-cum-Additional Sessions Judge-V, Patna in Spl. Case No. 373 of 2017 arising out of Complaint Case No. 1210(C) of 2017 registered under Sections 147, 341, 323, 504 and 354/34 of the

Patna High Court CR. APP (SJ) No.464 of 2018 (2) dt.19-02-2018 2/3 Indian Penal Code as well as Section 3(1)(r)(s)(w) of the SC/ST Act.

As soon as the informant and her husband reached on an auto rickshaw, there is general and omnibus allegation that the appellants dragged them from auto rickshaw and committed abuse and assault by taking their caste name for the reason that a boy of the family of the informant had married with the girl of the family of the appellants.

Submission is that the allegation is general and omnibus and the background of the allegation would not reveal that the appellants were intending to humiliate a member of the scheduled caste.

Considering the entire facts aforesaid for the purpose of this appeal, the FIR discloses a case of frivolous litigation, hence, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, subject to the conditions as

Patna High Court CR. APP (SJ) No.464 of 2018 (2) dt.19-02-2018 3/3 laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T