Patna High Court - Orders
Pushkam @ Pushpam Kumari vs The State Of Bihar on 9 August, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1362 of 2019
Arising Out of PS. Case No.-1 Year-2019 Thana- SC/ST District- Begusarai
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1. Pushkam @ Pushpam Kumari D/o Vijay Yadav R/o village- Keshave, P.S.-
Barauni, District- Begusarai
2. Mukesh Yadav S/o Vijay Yadav R/o village- Keshave, P.S.- Barauni,
District- Begusarai
3. Vijay Yadav S/o Late Baso Yadav R/o village- Keshave, P.S.- Barauni,
District- Begusarai
4. Manoj Yadav @ Manoj Kumar S/o Vijay Yadav R/o village- Keshave, P.S.-
Barauni, District- Begusarai
5. Bipin Yadav @ Bipin Kumar S/o Vijay Yadav R/o village- Keshave, P.S.-
Barauni, District- Begusarai
6. Kundan Devi W/o Rajesh Yadav R/o village- Keshave, P.S.- Barauni,
District- Begusarai
7. Rina Devi @ Rina Kumari D/o Vijay Yadav R/o village- Keshave, P.S.-
Barauni, District- Begusarai
8. Punam Devi W/o Vijay Yadav R/o village- Keshave, P.S.- Barauni, District-
Begusarai
9. Rajesh Yadav S/o Vijay Yadav R/o village- Keshave, P.S.- Barauni, District-
Begusarai
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Amrendra Kumar Sinha No.1
For the Respondent/s : Mrs. Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
6 09-08-2019Learned counsel for the appellants seeks permission to withdraw this appeal on behalf of the appellant no. 9 (Rajesh Yadav) submitting that he has been arrested during the pendency of the appeal.
Permission is granted.
Accordingly, this appeal is dismissed as withdrawn Patna High Court CR. APP (SJ) No.1362 of 2019(6) dt.09-08-2019 2/4 in respect of the appellant no. 9.
Heard learned counsel appearing on behalf of the appellant nos. 1 to 8 and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 12.03.2019 passed by learned Special Judge, SC/ST (PoA) Begusarai in SC/ST P.S. Case No. 1 of 2019 registered under Sections 341, 323, 307, 354, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s)/3(z)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Over row of making slope of the under construction road towards the house of the informant, all the appellants and co-accused Rajesh Yadav intruding into the house of the informant assaulted him by means of khanti inflicting injury above his right eye. When his brother rushed in his rescue, they assaulted him by means of lathi inflicting head injury to him and left the scene slating him in the name of the caste and extending threatening of dire consequence.
It is submitted by learned counsel appearing on behalf of the appellant nos. 1 to 8 that the appellants have no Patna High Court CR. APP (SJ) No.1362 of 2019(6) dt.09-08-2019 3/4 concern with the aforesaid occurrence. They have been falsely implicated in this case merely because the informant flows dirty water on the gate of the appellants, who happens to be his next door neighbour and on complain made with the respected persons of the locality, they chided the informant. Allegation levelled against the appellants is not specific rather general and omnibus in nature. Informant has sustained two injuries, out of which, one is simple and opinion regarding injury above the right eye is reserved. Likewise, opinion regarding one injury on the head of the brother of the informant is also reserved while other injuries have been opined by the doctor as simple in nature, but the aforesaid head injury of the brother is skin deep and moreover no supplementary injury report has been submitted despite passing away more than six months. Slating of informant is said to have been made inside the house of the informant and not in the public view, hence, no offence under SC/ST Act is made out against the appellants. Appellants have no criminal antecedent.
On the other hand, learned Spl. P.P. for the State opposed the bail prayer of the appellants.
In the facts and circumstances of the case, the appellant nos. 1 to 8 are directed to be released on bail, in the Patna High Court CR. APP (SJ) No.1362 of 2019(6) dt.09-08-2019 4/4 event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (PoA) Begusarai in connection with SC/ST P.S. Case No. 1 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) rohit/-
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