The SC/ST Act does not apply to incidents that do not occur in public view.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5668 of 2019

Arising Out of PS. Case No.-31 Year-2017 Thana- SC/ST District- Bhagalpur

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

GOPAL RAI Son of Bishwanath Rai Resident of Village - Aadarsh Nagar,

P.S. - Sultanganj, Dist.- Bhagalpur

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Mritunjay Prasad Singh, Adv.

For the Respondent/s

:

Mr.Binay Krishna, Spl.P.P.

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

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

5

06-01-2022

Heard learned counsel for the appellant and learned

Special Public Prosecutor for the State through virtual court

proceedings.

This is an appeal under section 14(A) 2 of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act

(hereinafter in short referred to as the ‘SC/ST Act’) against the

refusal of prayer for anticipatory bail vide order dated

18.11.2019, passed by learned IIIrd Additional District and

Sessions Judge-cum- Spl. Judge, Bhagalpur, in connection with

Bhagalpur SC/ST P.S. Case No.31 of 2017, registered under

sections 447, 341, 323, 504, 506, 379, 34 of the IPC and

sections 3(1)(R), 3(2)(Va) of the SC and ST Act.

Allegation against the appellant is of abusing by taking

caste name and assaulting the informant and his family

Patna High Court CR. APP (SJ) No.5668 of 2019(5) dt.06-01-2022

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members at his house. Further allegation is that he snatched the

gold chain of informant’s wife and when the informant wanted

to pacify the matter, he was slapped by the appellant.

It is submitted by learned counsel for the appellant that

the appellant is innocent and has not committed any offence. No

such occurrence as alleged ever taken place. Appellant has been

falsely implicated in the case due to dirty village politics and

oblique motive. There is general and omnibus allegation against

the appellant and other accused persons. The informant has

compromised the case from the other three co-accused. Slating

the informant in the name of caste is said to have been made at

the house of the appellant and not in public view, hence no

offence under SC/ST Act is made out against the appellant. The

injury report shows the injury as simple in nature. Appellant has

no criminal antecedent, as also mention in para-3 of the memo

of appeal.

Learned Spl. PP for the State opposed the prayer for

anticipatory bail by submitting that there is specific allegation

against the appellant of abusing the informant and his family

members.

From perusal of the prosecution case, it appears that no

SC/ST Act is applicable against the appellants as the occurrence

Patna High Court CR. APP (SJ) No.5668 of 2019(5) dt.06-01-2022

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has not taken place in public view, hence, there is no

requirement of issuing notice upon the informant in this case,

which is otherwise required in a case under the SC/ST Act.

Considering the facts and circumstances of the case, the

appellant named above, in the event of his arrest or surrender

before the learned Court below within a period of six weeks

from today, is directed to be released on bail on furnishing bail

bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two

sureties of the like amount each to the satisfaction of the learned

IIIrd Additional District and Sessions Judge-cum- Spl. Judge,

Bhagalpur, in connection with Bhagalpur SC/ST P.S. Case

No.31 of 2017, subject to the conditions as laid down under

section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this

appeal is allowed.

pallavi/-

(Anjani Kumar Sharan, J)

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