Sanjay Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5798 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Sanjay Saw 2.

Sonu Saw both Son of Vinod Saw @ Dilip Saw Resident of VillageKauwakol Koniyapar, P.S.- Kauwakol, District- Nawada. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2022 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 03.12.2019, passed by learned Special Judge (SC/ST Act)-cum-Additional District and sessions Judge-1, Nawada in connection with Kauwakol P.S. Case No. 175 of 2019, registered under Sections 341, 323, 448, 379, 307, 354(B), 504, 506/34 of the IPC and Sections 3(i) (r) (S) of SC/ST Act.

Appellants are said to have torn the cloth and started to outrage the modesty of the informant. They also abused the informant by taking caste name.

Patna High Court CR. APP (SJ) No.5798 of 2019(6) dt.24-02-2022 2/2 It is submitted by learned counsel for the appellants that the appellants are innocent and have not committed any offence. He submits that there is general and omnibus allegation levelled against the appellants. He submits that no case is made out under the provision of SC/ST Act against the appellants. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal.

Learned Spl. PP for the State opposes the prayer for bail and submits that there is specific allegation against the appellants to abuse the informant or his family member by taking caste name.

Considering the facts and circumstances of the case, I am not inclined to enlarge the appellants on anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Kauwakol P.S. Case No. 175 of 2019. Accordingly, this appeal is dismissed.

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