IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30164 of 2011
(1) Bhim Koeri @ Bhim Singh @ Bhim Prasad son of late Mahipat
Mahto @ Mahipat Koeri.
(2) Santosh Kumar son of Bhim Koeri @ Buim Singh @ Bhim Prasad.
(3) Bikram Kumar @ Biran Kumar son of Bhim Koeri @ Bhim Kumar
@Bhim Prasad.
(4) Rajesh Prasad @ Rajesh Koeri son of Arjun Prasad @ Arjun Koeri.
(5) Vikash Kumar son of Arjun Prasad @ Arjun Koeri
All resident of village Maricha Rengania, P.S. Amas, District- Gaya
Versus
The State Of Bihar
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3 24.10.2011 Heard learned counsel for the petitioners and learned
counsel for the State.
The petitioners are apprehending their arrest in connection
with Amas P.S. Case No. 86 of 2011 for the offence punishable under
Sections 447, 341, 323/34 of the Indian Penal Code and Sections
3(X)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act (hereinafter referred to as the ‘Act’).
The allegation against the petitioners is of assaulting the
lady members of the family of the first informant at night. It is further
alleged that on the following day when the first informant went to the
house of the petitioners to question their misdeeds, the petitioners
assaulted them and called them by their caste name and thus causing
insult to them punishable under the provisions of the Act.
Learned counsel for the petitioners while denying the
allegations with reference to the provisions of Section 3(X)(XI) of the
Act, submits that the provisions thereunder in no uncertain terms
mandates the insult to be made in full public view. It is contended
that nodoubt the provisions of Section 438 of the Code of Criminal
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Procedure is not available to an accused under the Act but it is only in
circumstances where the allegations made out in the F.I.R. constitute
any offence under the provisions of the Act. He submits that a bare
perusal of the allegations as set out in the F.I.R. does not constitute
any offence punishable under the Act inasmuch as no details have
been given as to the public place or the persons before whom the
alleged insult had been made. He thus submits that the allegations of
offence punishable under the Act are ornamental in nature and has
been incorporated to provide seriousness to the complaint.
Considering the circumstances, the allegation as set out
in the F.I.R. as also the provisions of the Act, let the petitioners
namely, (1) Bhim Koeri @ Bhim Singh @ Bhim Prasad (2) Santosh
Kumar (3) Bikram Kumar @ Biran Kumar (4) Rajesh Prasad @
Rajesh Koeri and (5) Vikash Kumar, in the event of their
arrest/surrender within four weeks from the date of receipt of a
certified copy of this order, be released on bail upon each of them
furnishing bail bond of Rs. 10,000/- each with two sureties of the
like amount each to the satisfaction of learned Sub Divisional
Judicial Magistrate, Sherghati at Gaya in connection with Amas P.S.
Case No. 86 of 2011, subject to the conditions laid down under
Section 438(2) of the Code of Criminal Procedure.
Bibhash (Jyoti Saran, J.)