Amit Kumar @ Kaju vs The State Of Bihar
2022 Latest Caselaw 5322 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.3044 of 2022
              Arising Out of PS. Case No.-12 Year-2022 Thana- SC/ST District- Patna
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Amit Kumar @ Kaju S/o Sri Ashok Saw @ Ashok Gupta Resident of New Sarak Chowk, Mangal Talab, Jamuna Ji Ka Math, P.S.- Chowk, District- Patna.

... ... Appellant/s Versus

1. The State Of Bihar

2. Sheela Devi W/o Sri Sanjeet Kumar @ Chhotu Paswan Resident of Village-

Marcha, P.S.- Bypass, District- Patna

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

For the Appellant/s : Mrs.Vaishnavi Singh, Advocate For the Respondent/s : Mrs.Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 19-12-2022

Perusal of office report shows notice has been validly

served upon the respondent no.2. But none is present on behalf

of the respondent no. 2. Hence, the matter has been put up for

hearing.

Heard learned counsel for the appellant and learned

Spl.PP for the State.

Let the defect (s), if any, 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 Patna High Court CR. APP (SJ) No.3044 of 2022 dt.19-12-2022

order dated 27.07.2022 passed by learned Exclusive Special

Court, (SC/ST) Act, Patna in Serial No. 130 of 2022 arising out

of SC/ST P.S. Case No.12 of 2022 registered for the alleged

offences under Sections 341, 323, 354, 379, 427, 447, 448, 504

and 506/34 of the Indian Penal Code and Section 3(i)(r)(s)(w)

and 3(2)(va) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

As per the prosecution case, the informant named the

petitioner and other FIR named co-accused persons, who

entered into her house, abused her by taking caste name and

threatened her that she should vacate the house and the land.

They assaulted the informant and her family members.

Learned counsel for the appellant submits that the

appellant is innocent and has been falsely implicated in this

case. The whole occurrence took place inside the house of the

informant as it was not a public place hence, provisions of the

SC/ST Act would not be applicable. There is land dispute

between the parties and they are contesting the title suit

pertaining to property as described in Schedule-1 and Schedule-

A of the plaint of the Title Suit No. 181 of 2020. Two of the co-

accused persons facing similar allegation have been allowed

privilege of anticipatory bail vide order dated 22.09.2022 Patna High Court CR. APP (SJ) No.3044 of 2022 dt.19-12-2022

passed in Cr. App (SJ) No. 2848 of 2022. The appellant is in

custody since 27.06.2022 and charge-sheet has been submitted.

The appellant has got no criminal history.

Learned Spl.PP opposes the prayer for bail.

Having regard to the facts and circumstances and

considering the submission made on behalf of the parties and

considering the nature of allegation against the petitioner in the

background of land dispute and further considering the grant of

anticipatory bail to similarly placed co-accused persons and

also considering the clean antecedent of the appellant along

with the period of custody of the appellant and submission of

charge sheet, he directed to be released on bail on furnishing

bail bond of Rs. 20,000/- (twenty thousand) with two sureties of

the like amount each to the satisfaction of learned Exclusive

Special Court (SC/ST) Act, Patna in connection with SC/ST

P.S. Case No. 12 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 Patna High Court CR. APP (SJ) No.3044 of 2022 dt.19-12-2022

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          19.12.2022
Transmission Date       19.12.2022