Janu Mian vs The State Of Jharkhand
2024 Latest Caselaw 5168 Jhar

Jharkhand High Court

Janu Mian vs The State Of Jharkhand on 10 May, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (S.J.) No.653 of 2023
1. Janu Mian
2. Subhan Mian
3. Kalam Ansari @ Kalam Rajjak
4. Daud Ansari
5. Saheed Ansari
6. Mubarak Ansari
7. Sanaul Mian @ Sanaul ....    .... .... Appellants
                        Versus
1. The State of Jharkhand
2. Lakhi Muni Besra        .... .... .... Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants : Mr. Nilendu Kumar, Advocate
For the State      : Ms. Priya Shrestha, A.P.P.
For the Informant  : Mr. Ankit Kumar, Advocate
                          ------

Order No.05 / Dated :10.05.2024

1. The present appeal has been filed under Section 14(A)(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

2. Instant criminal appeal has been filed against the order dated 28.08.2023 passed in SC/ST Case No.97 of 2021 arising out of Devipur P.S. Case No.193 of 2021 for the offence 147/ 149/ 341/ 323/ 427 and 506 of the Indian Penal Code and Sections 3(i)(v)(x)(xi) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 pending in the Court of learned Additional Sessions Judge1st, SC/ST, Deoghar by which prayer for anticipatory bail of the appellants have been rejected.

3. It has been alleged that the victim has been abused and harassed due to dispute over Plot No.704.

4. It is submitted by learned counsel for the appellants that the land has been exchanged between the forefather of the parties and unnecessary the victim is claiming right over the said piece of land. In spite of pendency of matter before the S.D.O., the present F.I.R. has been lodged. Referring to the judgment of the Hon'ble Apex Court in the case of Hitesh Verma Vrs. State of Uttarakhand reported in 2020 (10) SCC 710, it has been submitted that the bar of Section 18 of the SC/ST (PoA) Act will not applicable as there is land dispute between the parties.

5. Learned APP assisted by learned counsel on behalf of informant opposed the prayer and submitted that although there is a land dispute, but they have been abused and harassed in public view and as such offence under the SC/ST (PoA) Act is made out and the bar of Section 18 of SC/ST (PoA) is applicable.

6. Considering the submissions made, the appellants, above named, are directed to surrender before the learned trial Court within a period of two weeks and in the event of their arrest or surrender, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of the Court below.

7. Order dated 28.08.2023 is set aside and criminal appeal is allowed.

(Gautam Kumar Choudhary, J.) Anit