Chatiya Devi v. The State of Bihar
Case at a glance
Provisions considered
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ss. 3(1)(R), 14(A)(2)
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 332, 333, 341, 353, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Anju Kumari W/o Shamikant Yadav R/o Village Taranpur, P.S & P.O- Khiri More, District-Patna.
Sita Kumari W/o Bhusan Singh R/o Village Taranpur, P.S & P.O- Khiri More, District-Patna. Sanju Devi @ Babita Kumari W/o Jitendra Yadav R/o Village Taranpur, P.S & P.O- Khiri More, District-Patna. The State of Bihar. Versus ... ... Appellant/s ... ... Respondent/s
====================================================== Appearance : For the Appellant/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Saket Anand Ms. Usha Kumari 1 : : 2 25-04-2022 Heard learned counsel for the parties. Learned counsel for the appellants submits that the informant is a police officer, therefore, no notice is required to be issued to the informant of this case. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’) against the refusal of prayer of anticipatory bail vide order dated Patna High Court CR. APP (SJ) No.2176 of 2021(2) dt.25-04-2022
16.01.2021, passed by learned Additional Sessions Judge-III- cum-Special Judge, SC/ST Act, Patna in connection with Khiri More P.S. Case No.98 of 2019, registered under Sections 147, 148, 149, 341, 323, 353, 332, 333, 307, 504 and 506 of the Indian Penal Code and Section 3 (1) (R) of the SC/ST Act. Appellants along with other co-accused persons attacked on the police party and tried to snatch their arms. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation against the appellants. No specific allegation is made against any of the appellants of abusing the informant by naming his caste. It is also submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide judgment dated 26.05.2021, passed in Criminal Appeal (SJ) No.1928 of 2021. Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellants. Having considered the fact that similarly situated other co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court, let Patna High Court CR. APP (SJ) No.2176 of 2021(2) dt.25-04-2022 appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna Sadar in connection with Khiri More P.S. Case No.98 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Accordingly, the impugned order is set aside and this appeal is allowed. (Anjani Kumar Sharan, J.) Sanjay/- U T
Precedent status how later indexed judgments have treated this case
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