Md. Jahiruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.199 of 2024 Arising Out of PS. Case No.-14 Year-2016 Thana- MADHUBAN District- East Champaran ====================================================== Md. Jahiruddin Son Of Abdul Gafur Resident Of Village - Batrauliya, P.S. - Muffasil, District - East Champaran ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Rekha Kumari Wife of Ram Prasad Mahto Resident Of Village - Baag Dulhan, P.S. - Hajipur, District - Vaishali ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Binay Krishna, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2025 Heard learned counsel for the appellant and learned Special P.P., Mr Binay Krishna. None appears on behalf of the informant.
2. 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 vide order dated 06.12.2023, passed by learned Special Judge SC/ST Act, East Champaran, Motihari in connection with Madhuban P.S. Case No.14 of 2016, registered under Sections 504, 427 of the Indian Penal Code and Section Sections 3(i)(x) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.199 of 2024(3) dt.17-11-2025 2/3
3. Learned counsel appearing on behalf of the appellant submits that appellant is a person with clean antecedent. It is next submitted that during investigation, appellant was given notice under Section 41(1) Cr.P.C. and the appellant co-operated in the investigation and the police never felt the need of arresting the appellant. It is next submitted that police in mechanical manner submitted charge-sheet based on which cognizance came to be taken, as such, appellant apprehends his arrest. It is next submitted that when police during the course of investigation never felt the need of arresting the appellant, whether it would be prudent for the court to send the appellant to jail based on an order of cognizance. It is also submitted that no one appears on behalf of respondent no.2 which amply demonstrates that the informant has lost interest in the case.
4. The learned Special P.P. opposes the appeal and submits that since charge-sheet has been submitted and cognizance has taken, as such, a prima facie offence is made out.
5. After hearing learned counsel for the parties and since no one appears on behalf of respondent no.2, the appeal is disposed of with a direction to the appellant to surrender before
Patna High Court CR. APP (SJ) No.199 of 2024(3) dt.17-11-2025 3/3 the learned trial court on or before 01.12.2025 and the learned trial court on the same day shall dispose of the application keeping in mind that police during the course of investigation never felt the need of arresting the appellant. (Satyavrat Verma, J) Sanjay/- U T