JHARKHAND HIGH COURT ISSUES ORDER ON SATYA NARAYAN AND ANR. V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, April 18 -- Jharkhand High Court issued the following order on March 17:

Heard, learned counsel for the parties.

1. Both the aforesaid Cr. Appeal (SJ) have been filed under Section 14A (1) of the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. Since both the aforesaid Cr. Appeals (SJ) are directed against the separate orders by which prayer for anticipatory bail of the appellants was rejected in connection with the same case i.e. Bhandra P.S. Case No.19/ 2024, hence, both the aforesaid Cr. Appeals (SJ) are being disposed of by this common order/ judgment.

3. Criminal Appeal (SJ) No.764 of 2024 is directed against the order dated 30.08.2024 passed by the learned Addl. Sessions Judge-I-cum- Special Judge, SC/ST Act, Lohardaga, in A. B. P. No.302 of 2024 (arising out of Bhandra P.S. Case No.19 of 2024) registered under Sections 341, 323, 504, 506, 324, 326, 307/ 34 IPC and Section 3(1) (r)/ 3(1)(s) of SC/ST Act, whereby and where under the prayer for anticipatory bail of these appellants has been rejected. Crl. Appeal (SJ) No. 494 of 2024 is directed against the order dated 19.06.2024 passed by the learned Addl. Sessions Judge-I-cum- Special Judge, SC/ST Act, Lohardaga, in A. B. P. No.179 of 2024 (arising out of Bhandra P.S. Case No.19 of 2024) registered under Sections 341, 323, 504, 506, 324, 326, 307/ 34 IPC and Section 3(1) (r)/ 3(1)(s) of SC/ST Act, whereby and where under the prayer for anticipatory bail of the appellant has been rejected on the ground that the alleged offences appear to be interconnected with the provision under Section 18 of the SC/ ST (Prevention of Atrocities) Act, 1989.

4. The allegation against the appellant of Crl. Appeal (SJ) No. 494 of 2024 is that the appellant consequent upon eating of crop by the cow of the informant, tied the cow in his house and when the informant approached, he became enraged and assaulted the informant with stick.

5. The allegation against the appellant no.1 in Cr. Appeal No.764 of 2024 is that he assaulted the informant with lathi and iron pipe and allegation against the appellant No.2 in Cr. Appeal No.764 of 2024 is that she bite the finger of the informant with her teeth causing bleeding injury.

6. On the basis of the written report submitted by the informant, Police registered the FIR being Bhandra P.S. Case No.19 of 2024 and took up investigation of the case. Subsequently vide order dated 06.06.2024 on the prayer of the investigating officer of the case, the offences punishable under Section 3(1)(r)/ 3(1) (s) of the SC/ ST (Prevention of Atrocities) Act were added to the FIR.

7. It is submitted by the learned counsels for the appellants that the FIR is silent about any offence punishable under the penal provisions of the SC/ ST (Prevention of Atrocities) Act. There is absolutely no allegation anywhere in the case diary to attract any of the offences punishable under the penal provisions of the SC/ ST (Prevention of Atrocities) Act. Hence, it is submitted that the learned Addl. Sessions Judge-I-cum- Special Judge, SC/ST Act, Lohardaga, has committed a grave illegality by rejecting the prayer for anticipatory bail of the appellants on the flimsy ground that the provision of Section 18 of the SC/ ST (Prevention of Atrocities) Act, 1989 is attracted. Learned counsels for the appellants next submitted that the alleged injuries sustained by the informant are simple in nature.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLUoAt2gcdkLg7Y2k7iLf9%2B%2FVKz5WwueXHbTuPhSphyQ&caseno=Cr.A(SJ)/764/2024&cCode=1&cino=JHHC010357992024&state_code=7&appFlag=)

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