Patna High Court
Ramniwas Prasad vs The State Of Bihar on 5 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.22 of 2021
Arising Out of PS. Case No.-327 Year-2020 Thana- TEKARI District- Gaya
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1. Ramniwas Prasad, aged-41 years (Male), S/o Laldhari Saw
2. Manish Kumar, aged-31 years (Male), S/o Ramashankar Saw
3. Rama Shankar Prasad @ Ramasankar, aged 54 years (Male), S/o
Gulabchandra Saw
4. Ravi Ranjan Kumar, aged 21 years (Male), S/o Ramashankar Saw
5. Ramnuj Kumar, aged 18 years (Male), S/o Vasudeo Prasad Gupta
All resident of Village- Ark-Dhibaria, P.S.- Tekari, District- Gaya (Bihar)
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Bachan Jee Ojha, Advocate
For the State : Mr. Sadanand Paswan, Special PP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 05-10-2021
Heard Mr. Bachan Jee Ojha, learned counsel for the
appellants and Mr. Sadanand Paswan, learned Special Public
Prosecutor (hereinafter referred to as the 'Special PP') for the
State.
2. The present appeal is directed against the order
dated 09.09.2020 passed by the learned Exclusive Special Judge
SC/ST, Gaya in ABP No. 144 of 2020 by which the prayer for
anticipatory bail of the appellants has been rejected.
3. The appellants apprehend arrest in connection with
Tekari PS Case No. 327 of 2020 dated 12.07.2020, instituted
Patna High Court CR. APP (SJ) No.22 of 2021 dt.05-10-2021
under Sections 323/341/342/448/449/385/387/504/506 of the
Indian Penal Code and 3(1)(r)(s)/3(2)(va) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 (hereinafter referred to as the 'SC/ST Act').
4. Learned counsel for the appellants submitted that he
may be permitted to withdraw the appeal on behalf of appellants
no. 2, 3 and 4 as they have been arrested.
5. In view thereof, as prayed for by learned counsel for
the appellants, the appeal on behalf of appellants no. 2, 3 and 4,
namely, Manish Kumar, Rama Shankar Prasad @ Ramasankar
and Ravi Ranjan Kumar, respectively stands disposed of as
withdrawn and limited to appellants no. 1 and 5, namely,
Ramniwas Prasad and Ramnuj Kumar.
6. The allegation against the appellants is that they had
gone to the house of the informant pressurizing to withdraw the
earlier case filed against co-accused Purushottam Kumar with
regard to him having raped the daughter of the informant and
thereafter of threatening him and also abusing him by caste
name.
7. Learned counsel for the appellants submitted that
they have been falsely implicated at the behest of the master of
the informant, namely, Dhirendra Kumar, who is a notorious
Patna High Court CR. APP (SJ) No.22 of 2021 dt.05-10-2021
person and in the business of taking land of others through
various illegal methods. Learned counsel submitted that the
entire family of the appellants have been made accused. It was
submitted that the appellants no. 1 and 5 have no other criminal
antecedent. Learned counsel submitted that several villagers
have given application to the authority with regard to Dhirendra
Kumar referring him as a veteran litigant involved in cheating
activity. It was contended that as admittedly the allegation is that
the appellants had come to the house of the informant without
there being any public presence and there being no allegation of
assault and only abusive language, no offence is made out under
the Act in the present case.
8. Learned Special PP submitted that the appellants no.
1 and 5 were also part of the mob which had come to threaten
the informant to withdraw the case. It was submitted that
appellants no. 1 and 5 have been made accused by the same
informant in Tekari PS Case No. 180 of 2020 with regard to the
case in which Purushottam Kumar is said to have raped the
daughter of the informant. However, he did not controvert that
no overt act has been attributed to appellants no. 1 and 5.
9. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, and
Patna High Court CR. APP (SJ) No.22 of 2021 dt.05-10-2021
having regard to the fact that the allegation of having abused by
caste name has only been made once and that too at the house of
the informant and not in public place or public view and no
overt act alleged against appellants no. 1 and 5, the Court finds
that a case for grant of pre-arrest bail has been made out.
10. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
appellants no. 1 and 5, namely, Ramniwas Prasad and Ramnuj
Kumar be released on bail upon furnishing bail bonds of Rs.
25,000/- (twenty five thousand) each with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge SC/ST, Gaya in Tekari PS Case No. 327 of 2020,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 and further (i) that one of the
bailors shall be a close relative of the appellants no. 1 and 5, (ii)
that the appellants no. 1 and 5 and the bailors shall execute bond
and give undertaking with regard to good behaviour of the
appellants no. 1 and 5, and (iii) that the appellants no. 1 and 5
shall cooperate with the Court and the police/prosecution. Any
violation of the terms and conditions of the bonds or the
undertaking or non-cooperation shall lead to cancellation of
their bail bonds.
Patna High Court CR. APP (SJ) No.22 of 2021 dt.05-10-2021
11. It shall also be open for the prosecution to bring
any violation of the foregoing conditions by the appellants no. 1
and 5, to the notice of the Court concerned, which shall take
immediate action on the same after giving opportunity of
hearing to the appellants no. 1 and 5.
12. Accordingly, the appeal stands allowed. The order
dated 09.09.2020 passed by the learned Exclusive Special Judge
SC/ST, Gaya in ABP No. 144 of 2020 is set aside.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
