Pintoo Kumar vs The State Of Bihar
2021 Latest Caselaw 4799 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL APPEAL (SJ) No. 1179 of 2020
         Arising Out of PS. Case No.-257 Year-2019 Thana- DELHA District- Gaya
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Pintoo Kumar, aged about 24 years, Male Son of Umesh Prajapati @ Umesh Kumar, resident of Kali Mandir Road, Chhotaki Nawada, PS- Delha, District - Gaya.

... ... Appellant/s Versus The State of Bihar

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kunwar Narayan Jamuar, Advocate For the State : Mr. Sadanand Paswan, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-09-2021

The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the appellant, which was

allowed.

2. Heard Mr. Kunwar Narayan Jamuar, learned counsel

for the appellant and Mr. Sadanand Paswan, learned Special

Public Prosecutor (hereinafter referred to as the 'Special PP') for

the State.

3. The present appeal is directed against the order dated

14.11.2019 passed by the learned Exclusive Special Judge, SC/ST,

Gaya in ABP No. 281 of 2019 by which prayer for anticipatory

bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.1179 of 2020 dt.27-09-2021

4. The appellant apprehends arrest in connection with

Delha PS Case No. 257 of 2019 dated 09.09.2019, instituted under

Sections 341, 323, 504, 506 and 354B/34 of the Indian Penal

Code, 1860 and 3(2)(va) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to

as the 'SC/ST Act').

5. The allegation against the appellant, two other named

and six unknown persons, is of stopping the vehicle of the

informant who was riding on a two-wheeler driven by one Anand

Kumar, is of assaulting them with belt and also trying to outrage

her modesty.

6. Learned counsel for the appellant submitted that the

allegation is false. It was contended that the appellant is the

neighbour of the informant and, thus, the allegation becomes all

the more improbable that he would commit such a crime knowing

fully well that he would be identified. Learned counsel submitted

that no time has been mentioned as to when the incident occurred

and most importantly, the invocation of the SC/ST Act is totally

misplaced as no ingredient of any offence under the SC/ST Act is

made out. Learned counsel submitted that no injury report has also

been brought before the police to substantiate such assault. He

summed up his arguments by submitting that besides the appellant Patna High Court CR. APP (SJ) No.1179 of 2020 dt.27-09-2021

not having any criminal antecedent, the bar of Section 18 of the

SC/ST Act would not apply as no ingredient of any offence under

the SC/ST Act is made out from a plain reading of the FIR.

7. Learned APP submitted that the appellant along with

others has assaulted the informant with belt and also tried to

outrage the modesty. However, it was not controverted that from

the FIR, offence under the SC/ST Act prima facie cannot be said

to be made out.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the fact

that the appellant is a neighbour and no allegation that the

appellant has committed any offence deliberately against a person

belonging to the SC category and also there being no injury report

and the appellant not having any other criminal antecedent, the

Court is inclined to allow the prayer.

9. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the appellant be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned Exclusive Special Judge, SC/ST,

Gaya in Delha PS Case No. 257 of 2019 subject to the conditions

laid down in Section 438(2) of the Code of Criminal Procedure, Patna High Court CR. APP (SJ) No.1179 of 2020 dt.27-09-2021

1973 and further, (i) that one of the bailors shall be a close relative

of the appellant, (ii) that the appellant and the bailors shall execute

bond and give undertaking with regard to good behaviour of the

appellant and (iii) that he shall co-operate with the Court and

police/prosecution. Any violation of the terms and conditions of

the bonds or the undertaking or failure to co-operate shall lead to

cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the appellant, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the appellant.

11. Accordingly, the order impugned is set aside and the

appeal stands allowed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T