Saddam Mian @ Md. Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1 of 2024 Arising Out of PS. Case No.-207 Year-2020 Thana- YADOPUR District- Gopalganj ====================================================== Saddam Mian @ Md. Saddam Hussain Son Of Late Bhola Mian Resident Of Village- Baluwa Tola, Ps- Jadopur, Distt- Gopalganj. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Raju Gond, Son of Late Manegar Gond Resident of Village- Abadhnagar, Vishunpur, P.S.- Jadopur, Dist- Gopalganj.

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

For the Appellant/s :

Mr.Ramadhar Shekhar, Advocate For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-05-2024

1. Heard learned counsel for the appellant and learned Special P.P. for the State.

2. The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") against the refusal of prayer for bail vide order dated 22.11.2023 passed by the learned Additional Sessions Judge-XIcum-Exclusive Special Judge, SC/ST Act, Gopalganj (Bihar) in connection with Jadopur P.S. Case No. 207 of 2020 registered under Sections 341, 323, 302, 504 and

2/4 34 of Indian Penal Code and Sections 3(1)(r)(s)(w)/3(2) (va) of SC/ST (POA) Act.

3. Present appeal is well within limitation as prescribed under Section 14A(3) of the Act.

4.Notice has been issued to Respondent no.2, served upon and duly represented.

5.The appellant is named in F.I.R. and is in custody since 06.11.2023.

6.Allegation against the appellant is to commit murder of brother of informant by causing bodily injuries, due to local disputes and differences.

7. Learned counsel for the appellant submitted that allegation of assault is not specific against this appellant, where, occurrence is of free fight in nature. It is further submitted that brother of informant received fatal injuries, due to motorcycle accident as stated by witnesses, during course of investigations and in reference, thereof, pointed out paragraph no.7 of the case diary. It is also submitted that act of the appellant

3/4 cannot be said an atrocities, within the meaning of the Act, as per face of FIR. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

8.Learned counsel for the appellant submitted that if insult is not caused to complainant/informant on the basis of caste, no case is made out under the Act, as it was held in State of Madhya Pradesh Vs. Parasram @ Purushottam, as reported in 2015

(153) AIC 276.

9.Learned Special P.P. for the State duly assisted by learned counsel for the Respondent No. 2/Informant, while opposing the prayer of bail, submitted that it was an intentional hitting, given colour of accident.

10. In view of the submissions, as made above, as the allegation of assault is not specific against this

4/4 appellant, where, admittedly, death of deceased was due to injuries caused by motorcycle, let the appellant, above named, is directed to be released on bail in connection with Jadopur P.S. Case No. 207 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI-cum-Exclusive Special Judge, SC/ST Act, Gopalganj (Bihar), subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

11. Accordingly, impugned order dated 22.11.2023 is set aside.

12. Hence, appeal stands allowed.

(Chandra Shekhar Jha, J) veena/- U T