IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.941 of 2022

Arising Out of PS. Case No.-1046 Year-2021 Thana- KHAJANCHI HAT District- Purnia

======================================================

1.

RAMAVATI DEVI W/o Manoj Kumar @ Manoj Gupta @ Manoj Kumar

Gupta Resident of Ward- 15, Taranagar, Madhubani, P.S. - K. Hat, District -

Purnia.

2.

AKRITI SHREE @ KOMAL KUMARI D/o Manoj Kumar @ Manoj Gupta

@ Manoj Kumar Gupta Resident of Ward- 15, Taranagar, Madhubani, P.S. -

K. Hat, District - Purnia.

3.

ABHIRAJ @ CHHOTU KUMAR S/o Manoj Kumar @ Manoj Gupta @

Manoj Kumar Gupta Resident of Ward- 15, Taranagar, Madhubani, P.S. - K.

Hat, District - Purnia.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR

2.

Lakhman Chaudhary @ Lakshman Mahto S/o- Late Kali Chaudhary

Resident of Taranagar, Manjali Chowk, Madhubani, Ward No. -15, P.S. - K.

Hat, Madhubani T.O.P., District - Purnia.

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr.Rana Vikram Singh

Mr. Ranjeet Kumar Jha

Rashika

For the Respondent/s

:

Mr.Raj Kumar

Mr. Vijay Kumar

======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

2

28-07-2022

The learned counsel for the appellants is directed to

remove all the defects, if any, pointed out by the office within

one month.

Heard learned counsel for the appellants as well as the

learned counsel for the informant.

This appeal has been preferred on behalf of the

Patna High Court CR. APP (SJ) No.941 of 2022(2) dt.28-07-2022

2/4

appellants under Section 14 (A) (2) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting

aside the order dated 14.02.2022 passed by the learned 1^st

Additional Sessions Judge-cum-Special Judge, SC/ST Act,

Purnea in connection with K. Hat (Madhubani) P.S. Case

No.1046/2021 registered for offence punishable under sections

341, 323, 325, 307, 504, 506/34 of the Indian Penal Code and

sections 3 (I) (r) (s) of the SC/ST (POA) Act, whereby the

prayer for anticipatory bail of the appellants has been rejected.

As per allegation, some street dog brought a diaper

(Huggies) and dropped it to the house of the appellants. That

diaper was brought by the street dog at the house of the

appellants from the house of the informant, as such, allegedly

the appellants asked the informant to remove that diaper since it

was dropped from his house. The further allegation is that the

accused persons assaulted the informant and also abused him by

calling his caste name.

The learned counsel for the informant has submitted

that the informant has sustained some injuries and the reason of

delay in lodging of the FIR is treatment of the victim.

The learned counsel for the appellants has submitted

that the appellants requested the members of the informant side

Patna High Court CR. APP (SJ) No.941 of 2022(2) dt.28-07-2022

3/4

to remove that diaper, which was brought by the street dog from

the house of the informant and it was the reason that the

members of prosecution side badly assaulted the members of

defense side by lathi, dabiya and kachiya after entering into his

house and also attempted to kill the wife of co-accused Manoj

Kumar Gupta. When co-accused Manoj Kumar Gupta went to

his house, he saw his wife and his child in unconscious state and

he lodged Khajanchi P.S.Case No. 1045 of 2021. The learned

counsel for the appellants has submitted further that the case

lodged by the appellants are prior to the case of the informant

side.

The occurrence did not occur due to malicious feeling

of caste, rather it was originated as diaper was brought by a

street dog in the house of the appellants. There is case and

counter case. The case lodged by the defense side is prior to the

case of the prosecution side. As such, the provisions of SC/ST

Act do not attract prima facie.

Considering the above-m