IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3921 of 2021

Arising Out of PS. Case No.-53 Year-2019 Thana- KHUTAUNA District- Madhubani

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

DEO PRAKASH GOIT @JAI PRAKASH GOIT S/o LATE DHANIK LAL

GOIT, R/o VILLAGE-HUDARA, P.S-KHUTAUNA, DISTRICT-

MADHUBANI.

... ... Appellant/s

Versus

THE STATE OF BIHAR AND ANOTHER

... ... Respondent/s

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

Appearance :

For the Appellant/s

:

Mr. Gagandeo Yadav

Mr.Ravi Prakash

For the Respondent/s

:

Mr.Binay Krishna

Ms. Kiran Kumari

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

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

4

05-09-2022

The learned counsel for the appellant is directed to

remove all the defects pointed out by the office within one

month.

Heard learned counsel for the appellant as well as the

learned Special Public Prosecutor for the State.

This appeal has been preferred on behalf of the

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

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

aside the order dated 07.01.2020 passed by the learned

Additional Sessions Judge, Madhubani in connection with

Khutauna P.S. Case No. 53/2019 registered for offence

punishable under sections 341, 323, 354(B), 504/34 of the

Patna High Court CR. APP (SJ) No.3921 of 2021(4) dt.05-09-2022

2/3

Indian Penal Code and sections 3 (i) (w) of the SC/ST Act,

whereby the prayer for anticipatory bail of the appellant has

been rejected.

As per allegation, the appellant came to the Darwaja of

the informant. He called her husband to the temple for

panchayati. When the husband of the informant asked her for

what the panchayati was going on, the appellant and co-accused

Sanjay Goit abused him by calling his caste name and also

assaulted him by fists and slaps.

The learned counsel for the appellant has submitted

that there was dispute between the informant and his agnates

and in that respect, a panchayati was convened at the temple.

The informant was not cooperative in appearing before the

panchayati and he has lodged this false case.

It appears that there was a dispute between the

informant and his agnates and present occurrence has taken

place as to non-appearance of the informant in panchayati, as

such, it cannot be said that the present case has been lodged due

to malicious feeling of caste.

Considering the above-mentioned facts and

circumstances, the appeal is allowed and the impugned order

dated 07.01.2020 is set aside.

Patna High Court CR. APP (SJ) No.3921 of 2021(4) dt.05-09-2022

3/3

Accordingly, the appellant, in the event of arrest or

surrender before the court below within four weeks from today,

is directed to be released on anticipatory bail on furnishing bail

bonds of Rs.10,000/- with two sureties of the like amount each

to the satisfaction of learned 1^st Additional Sessions Judge,

Madhubani in connection with Khutauna P.S. Case No. 53/2019.

Office shall ensure that all defects are removed by the

appellant within the stipulated time mentioned hereinabove,

failing which, the matter shall be brought to the notice of this

Court.

Mahesh/-

(Nawneet Kumar Pandey, J)

U

T