IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2297 of 2023

Arising Out of PS. Case No.-430 Year-2022 Thana- PAHARPUR District- East Champaran

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1.

DAYA SHANKAR RAUT @ DAYA SHANKAR PRASAD Son of Late

Ram Prasad Raut Resident of village - Sareya Khan, P.S.- Paharpur, District

- East Champaran

2.

Sandip Raut Son of Jhagru Raut Resident of village - Sareya Khan, P.S.-

Paharpur, District - East Champaran

3.

Nitesh Raut Son of Manoj Raut Resident of village - Sareya Khan, P.S.-

Paharpur, District - East Champaran

4.

Tappu Raut Son of Jhagru Raut Resident of village - Sareya Khan, P.S.-

Paharpur, District - East Champaran

5.

Jhagru Raut Son of Late Sheonath Raut Resident of village - Sareya Khan,

P.S.- Paharpur, District - East Champaran

6.

Raj Kishore Raut Son of Nagina Raut Resident of village - Sareya Khan,

P.S.- Paharpur, District - East Champaran

... ... Appellant/s

Versus

1.

The State of Bihar Bihar

2.

Lalsha Devi Wife of Ramchandra Ram Resident of village - Sareya Mishrain

Tola, P.S.- Paharpur, District - East Champaran

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr. Abhishek Kumar

For the Respondent/s

:

Mr. Sadanand Paswan

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

4

08-11-2023

Heard learned counsel for the appellants and learned

Special Public Prosecutor for the State.

2. In compliance of the order dated 23.08.2023, learned

Spl.PP for the State informed the informant to appear in the

present case through her counsel but nobody entered appearance

on her behalf.

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

Patna High Court CR. APP (SJ) No.2297 of 2023(4) dt.08-11-2023

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Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (hereinafter in short referred to as the

'SC/ST Act') against the refusal of prayer of anticipatory bail

vide order dated 31.03.2023 passed by learned Special Judge

(SC/ST Act), East Champaran, Motihari in connection with

Paharpur P.S. Case No.430 of 2022, registered under Sections

341, 323, 324, 379, 504, 506, 34 of the Indian Penal Code and

Section 3(1) (r) (s) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act.

4. The allegation against the appellants is that they abused

the informant by taking her caste name and also assaulted her

and her family members and took out Rs.5000/- from her

husband.

5. It is submitted by learned counsel for the appellants

that the appellants have no concern with the aforesaid

occurrence. They have been falsely implicated in the case due to

dirty village politics. The allegation of assault levelled against

the appellants is not specific rather general and omnibus in

nature. Slating the informant/complainant in the name of caste is

said to have been made at the house of the informant and not in

public view, hence no offence under SC/ST Act is made out

against the appellants. There is no specific overt act against the

Patna High Court CR. APP (SJ) No.2297 of 2023(4) dt.08-11-2023

3/3

appellants. Appellants have two criminal antecedent as

mentioned in para-3 of memo of appeal.

6. Learned Spl. PP for the State opposed the prayer for

bail.

7. In the facts and circumstances of the case as there is

no specific overt act against the appellants, let the above named

appellants, in the event of their arrest or surrender before the

learned Court below within a period of six weeks from today,

be enlarged on bail on furnishing bail bond of Rs. 25,000/-

(Rupees Twenty Five Thousand) each with two sureties of the

like amount each to the satisfaction of the learned Special

Judge (SC/ST Act), East Champaran, Motihari in connection

with Paharpur P.S. Case No.430 of 2022, subject to the

condition as laid down under Section 438 (2) of the Cr.P.C.

8. Accordi