Anajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4351 of 2018 Arising Out of PS. Case No.-171 Year-2017 Thana- KOCHAS District- Rohtas ====================================================== Anajan Kumar, Son of Chhavinath Ojha, resident of Village- Ojhawaliya Ward No. 1, P.S. Kochas, District- Rohtas.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Kochas P.S.Case No.171 of 2017 , registered for offences punishable under Sections 3(i)(r)(s) of SC/ST Prevention of Atrocities Act.

Allegation as per FIR is that when the informant went to the house of the appellant he abused by taking caste name.

Submission of the learned counsel for the appellant is that even according to the FIR, the informant had gone to the house of the appellant and on inquiry she disclosed that she is Vikash Mitra as such there was no occasion that the appellant to know the caste name of the appellant and it appears that to make the case serious the allegation of abusing by taking caste name

Patna High Court CR. APP (SJ) No.4351 of 2018(2) dt.03-01-2019 2/2 has been made in the FIR.

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge1st, Rohtas at Sasaram in connection with Kochas P.S.Case No.171 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, with further condition that he will co-operate in investigation of the case. Accordingly, this appeal is allowed and the impugned order dated 29.9.2018 is set aside.

(Vinod Kumar Sinha, J) chn/- U