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Patna High Court – Orders
Chhotelal Sahani vs The State Of Bihar on 15 April, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2993 of 2023
Arising Out of PS. Case No.-49 Year-2023 Thana- PIPRAKOTHI District- East Champaran
======================================================
DURGESH DEVI @ DUGESH DEVI Wife of Chhotelal Sahani Resident of
village - Jhakhra Uparati Tola, P.S. - Piprakothi, Distt. - East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Sangeeta Devi Wife of Aklu Paswan Resident of village - Jhakhra Partiya
Tola, P.S. - Piprakothi, Dist.- East Champaran
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 2857 of 2024
Arising Out of PS. Case No.-49 Year-2023 Thana- PIPRAKOTHI District- East Champaran
======================================================
Chhotelal Sahani Son of Late Binda Sahani Resident of village - Jhakhra,
Uprathi Tola, P.S.- Piprakothi, District - East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sangeeta Devi Wife of Sri Aklu Paswan Resident of village - Jhakhra,
Paratiya Tola, P.S.- Piprakothi, District - East Champaran
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 2993 of 2023)
For the Appellant/s : Mr.Sharad Kumar Verma, Advocate
: Mr.Rajeev Ranjan, Advocate
For the State : Mr.Ram Sevak Choudhary, Spl.P.P.
For the informant : Mr. Sanjay Kumar Tiwary, Advocate
(In CRIMINAL APPEAL (SJ) No. 2857 of 2024)
For the Appellant/s : Mr.Sharad Kumar Verma, Advocate
: Mr. Rajdeep Kumar, Advocate
For the Informant : Mr.Sanjay Kumar Tiwary, Advocate
For the State : Ms.Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 15-04-2025
Heard Mr.Sharad Kumar Verma, learned counsel
for the appellant, Mr. Sanjay Kumar Tiwary, learned counsel
Patna High Court CR. APP (SJ) No.2993 of 2023(5) dt.15-04-2025
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for respondent No.2, Mr.Ram Sevak Choudhary, learned
Spl.P.P. for the State (In Criminal Appeal (SJ) No. 2993 of
2023), Mr. Rajdeep Kumar, learned counsel for the appellant,
Mr. Sanjay Kumar Tiwary, learned counsel for respondent
No.2 and Ms.Usha Kumari-1, learned Spl.P.P. for the State
(In Criminal Appeal (SJ) No. 2857 of 2024).
2. This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory
bail by order dated 12.05.2023 in A.B.P. No.1842 of 2023 and
order dated 29.04.2024 in A.B.P.No.1751 of 2024 passed by
the learned Special Judge SC/ST Act, East Champaran at
Motihari in connection with Piprakothi P.S.Case No. 49 of
2023, dated 05.03.2023 registered under Sections 341, 323,
324, 354(B), 379, 447, 326, 307, 504, 506/34 of the Indian
Penal Code as well as under Sections 3(i)(x)(xi), 3(2)(v) of
the Scheduled Castes and Scheduled Tribes Act.
3. Stated in brief, the prosecution case as per the
written application of the informant Sangeeta Devi is that on
27.01.2023 at 04:30 O’clock in the evening she was sitting at
her door in the meantime her co-villager Chhotelal Sahni
came there and told her to take her dues money of Rs.
Patna High Court CR. APP (SJ) No.2993 of 2023(5) dt.15-04-2025
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20,000/- by coming at his house. The informant went to the
house of Chhotelal Sahani at 06:00 O’clock in the evening to
take her dues money and she sat there and at 08:00 O’clock in
the night she told Chhotelal Sahani to give her money on
which Chhotelal Sahani addressed her by her caste name and
with bad intention put her down by catching hold her hand
and tore her clothes due to which she became half naked. It is
further alleged that Chhotelal Sahani abused her and assaulted
her with knife due to which she sustained injury on her nose.
Further allegation is that Binda Sahani and appellant Dugesh
Devi abused the informant and assaulted her with feet and
slaps. Chhotelal Sahani took out the informant’s Mangal Sutra
etc.
4. Learned counsel for the appellants submits that
the appellants have clean antecedent and they have falsely
been implicated in the present case. The allegation as alleged
in the FIR is false and fabricated and the appellants have not
committed any offence as alleged in the FIR. It appears from
the FIR itself that the date of occurrence as alleged in the FIR
is 27.01.2023 but the present FIR has been instituted on
05.03.2023 after delay of about 39 days without giving any
explanation of delay which suggests that the informant
Patna High Court CR. APP (SJ) No.2993 of 2023(5) dt.15-04-2025
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afterthought has filed the present false case against the
appellants only to falsely implicate the appellants in the
present case and from a bare perusal of the FIR it appears that
the place of occurrence is the house of the appellants and the
appellants have used the abused language against the
informant not in public view so no case is made out under the
SC/ST Act against the appellants and apart from that, the
present FIR has been instituted after delay of about 39 days
and no injury was found on the person of the injured which
suggests that the informant has received any injury.
5. The learned counsel for respondent No.2 as
well as learned Spl.P.P. for the State have vehemently opposed
the prayer for anticipatory bail of the appellants.
6. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the
provisions of Schedule Castes and Scheduled Tribes Act is
made out.
7. Considering the aforesaid facts and appellants
have clean antecedent, let the appellants, above named, in the
event of their arrest or surrender before the court below within
a period of thirty days from the date of receipt of the order, be
released on anticipatory bail on furnishing bail bond of
Patna High Court CR. APP (SJ) No.2993 of 2023(5) dt.15-04-2025
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Rs.10,000 (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge
SC/ST Act, East Champaran at Motihari in connection
Piprakothi P.S.Case No. 49 of 2023, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023 and with other
following conditions:-
(I) Appellants shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the
Court below.
(II) If the appellants tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the appellants and in
case at any stage, it is found that the appellants have
concealed their criminal antecedent, the court below shall take
step for cancellation of bail bond of the appellants. However,
the acceptance of bail bonds in terms of the above-mentioned
Patna High Court CR. APP (SJ) No.2993 of 2023(5) dt.15-04-2025
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verification.
8. Accordingly, the impugned order dated
12.05.2023 passed in A.B.P. No.1842 of 2023 and order dated
29.04.2024 passed in A.B.P.No.1751 of 2024 are set aside and
both the appeals stand allowed.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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