Patna High Court
Brijkishore Kumar vs The State Of Bihar on 10 June, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1793 of 2024
Arising Out of PS. Case No.-72 Year-2023 Thana- SC/ST District- East Champaran
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Brijkishore Kumar Son Of Late Rajendra Sah Resident Of Village - Ward
No.-7, Mathiya Dih, P.S. - Chhatauni, District - East Champaran
... ... Appellant
Versus
1. The State Of Bihar
2. Sumitra Devi Wife Of Vishwanath Paswan Resident Of Village - Mathiya
Dih, Ward No.-7, Dhaka Road, Near A Pokhara, P.S. - Chhatauni, District -
East Champaran
... ... Respondents
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Appearance :
For the Appellant/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the State : Mr. Binay Krishna, Special PP
For the Respondent No.2: Mr. Rakesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 10-06-2024
Heard learned counsel for the appellant, learned
counsel for the informant/respondent no.2 as well as learned
counsel for the State.
03. The present appeal has been preferred by the
appellant under Section 14(A)(2) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 against
the refusal of prayer for anticipatory bail by order dated
11.03.2024
passed by learned Exclusive Special Judge, SC/ST
(Prevention of Atrocities Act), East Champaran at Motihari in
connection with Motihari SC/ST P.S. Case No. 72 of 2023
registered on 24.12.2023 for the alleged offences under
Sections 341, 323, 354(B), 384, 379, 504, 506, 34 of the Indian
Patna High Court CR. APP (SJ) No.1793 of 2024 dt.10-06-2024
Penal Code and Section 3(i)(r)(s)/W(i)(g)/3(2)(va) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act.
04. As per the prosecution case, the allegation against
the appellant and other co-accused persons is that of demanding
extortion money of Rs. 5,00,000/- and abusing the informant
taking caste name. Further allegation is against the appellant
and others is that of damaging the boundary-wall of the land of
the informant and also assaulting her with slaps and fists and
dragging her on land, outraging her modesty. Further allegation
against the appellant is that he threatened the informant taking
out a pistol.
05. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. There is inordinate delay of 20 days in lodging the FIR for
which there is no satisfactory explanation. Learned counsel
further submits that the occurrence took place in the
background of fact that the appellant has purchased 0.29
decimal (1 dhur) of land of Khata No. 42, Khesra No. 203 from
one Mukesh Kumar on 24.03.2023 and thereafter the present
informant has purchased 5.80 decimal land from the same plot
on 12.04.2023 from one Sugi Devi. Since the appellant is
already in possession over the said land, the informant wants to
Patna High Court CR. APP (SJ) No.1793 of 2024 dt.10-06-2024
dispossess him and has lodged this false case in order to
pressurize the appellant, who has filed Title Suit no. 28 of 2024
against the informant and others. Learned counsel further
submits that from perusal of FIR, it is apparent that there is
general, vague, sweeping and omnibus allegation against the
appellant and others though no such occurrence has ever taken
place. Learned counsel further submits that there is no specific
allegation of abusing the informant by this appellant and such
allegation has been levelled against co-accused persons. The
only allegation against the appellant is that of dragging the
informant and threatened her taking out a pistol, is not
believable and is completely false and concocted. Learned
counsel further submits that the appellant has got one criminal
antecedent, in which he is on bail.
06. Learned Special PP as well as learned counsel for
the informant/respondent no.2 vehemently oppose the submission
made on behalf of the appellant. Learned counsel for the
respondent no. 2 submits that the appellant and other co-accused
persons threatened the informant taking her caste name and they
also assaulted her and specific allegation against the appellant that
he threatened the informant taking out a pistol.
07. Perused the record.
08. Having regard to the aforesaid facts and
Patna High Court CR. APP (SJ) No.1793 of 2024 dt.10-06-2024
circumstances and submissions made on behalf of the parties
and considering the strong possibility of false implication in the
background of land dispute and improbability of accusation, let
the appellant above named, in the even of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
SC/ST (POA) Act, East Champaran, Motihari, in connection
with Motihari SC/ST P.S. Case No. 72 of 2023, subject to the
condition laid down under Sections 438(2) of the Code of
Criminal Procedure and other 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.
09. Accordingly, the impugned order is set aside and
the appeal is allowed.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.06.2024
Transmission Date 11.06.2024
