Mohak Kumar Jha @ Mohak Kumar @ ... vs The State Of Bihar
2022 Latest Caselaw 4948 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.2914 of 2022
            Arising Out of PS. Case No.-28 Year-2022 Thana- BATH District- Bhagalpur
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Mohak Kumar Jha @ Mohak Kumar @ Mahak Kumar Jha Son of Faninath Jha Resident of Village - Shyampur, P.s.- Bath, Distt.- Bhagalpur.

... ... Appellant/s Versus

1. The State of Bihar

2. Bedanand Tanti Son of Mahendra Tanti Resident of Village - Shyampur, P.s.-

Bath, Distt.- Bhagalpur.

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

For the Appellant/s : Mr.Rajendra Kumar Jain, Advocate For the State : Mr.Sadanand Paswan,Spl. PP For the Informant : Mrs. Priya Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 08-12-2022

Heard learned counsel for the appellant and learned

counsel for the State as well as learned counsel for the

informant.

Let the defect (s), as pointed out by the office, be

removed within a period of four weeks.

This is an appeal under Section 14(A)(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the refusal of prayer for bail by

order dated 16.07.2022 passed by learned 3rd Additional

Sessions Judge-cum-Special Judge (SC/ST Act) Bhagalpur in

connection with Special SC/ST Case No. 48 of 2022 arising out

of Bath P.S. Case No. 28 of 2022 registered for the alleged Patna High Court CR. APP (SJ) No.2914 of 2022 dt.08-12-2022

offences under Sections 302 and 34 of the Indian Penal Code

and Section 3(2)(V) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

As per the prosecution case, wife of the informant

who was mukhia of her village and was staying alone at the

village was found dead. The informant alleged that the

appellant threatened the wife of the informant along with the

other persons.

Learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this

case. The appellant went to the house of the informant after one

day of the death of wife of the informant but he was attacked by

the mob and family members of the informant and got injured

and Bath P.S. Case 31/2022 was registered against the

informant's family members and others. Learned counsel

further submits that there is no eye-witness to the alleged

occurrence. The appellant had no dispute with the deceased.

The appellant used to work in a private security company at

Gurgaon and when he came came to his native village, due to

village politics he has been falsely implicated in this case.

Learned counsel further submits that it appears to be a case of

suicide. The appellant is in custody since 09.04.2022 and Patna High Court CR. APP (SJ) No.2914 of 2022 dt.08-12-2022

charge-sheet has been submitted. The appellant has got clean

antecedent.

Learned counsel appearing on behalf of the

informant/ respondent no. 2 vehemently opposes the

submission made on behalf of the appellant. Learned counsel

further submits that the postmortem report clearly shows death

was caused by asphyxia and shock due to antemortem

strangulation by combined effect of ligature material and

manual strangulation. Learned counsel further submits that the

informant has named the appellant in his written report in the

FIR itself. The co-accused who was apprehended have also

named this appellant. Witnesses examined during investigation

have also supported the prosecution case.

Perused the records.

Having regard to the facts and circumstances and

considering the submission made on behalf of the parties and

considering the fact that there appears no substantive material

on record to connect the appellant with the offence as alleged

and further considering the clean antecedent of the appellant

along with the period of custody and submission of charge sheet

against him, he directed to be released on bail on furnishing bail

bond of Rs. 20,000/- (twenty thousand) with two sureties of the Patna High Court CR. APP (SJ) No.2914 of 2022 dt.08-12-2022

like amount each to the satisfaction of Special Judge SC/ST

Act, Bhagalpur in connection with Special SC/ST Case No. 48

of 2022 arising out of Bath P.S. Case No. 28 of 2022, subject to

the conditions mentioned in Section 437(3) of the Cr.P.C. and

the following conditions:

(i) One of the bailors will be a close relative of the

appellant.

(ii) The appellant will remain present on each and

every date fixed by the court below.

(iii) In case of absence on three consecutive dates or

in violation of the terms of the bail, the bail bond of

the appellant will be liable to be cancelled by the

court concerned.

Accordingly, the impugned order is set aside and the

appeal is allowed.

(Arun Kumar Jha, J) himanshu/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.12.2022
Transmission Date       13.12.2022