Jiut Bhagat vs The State Of Bihar & Anr on 2 August, 2011

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.44312 of 2008
    Jiut Bhagat, Son of late Jagdish Bhagat, Resident of Village Mishrichak, PS Nawtan, District
                                         Siwan --- Petitioner
                                               Versus
     1. The State Of Bihar.
     2. Harishankar Ram, Son of Bihari Ram, Resident of Village Mishrichak, PS Nawtan,
         District Siwan ---- Opposite Parties
                                              -----------

2 2.8.2011 Heard learned counsel for the

petitioner and the counsel appearing on behalf

of the State.

The petitioner is aggrieved by the

order dated 19.9.2008 by which the Court has

refused to discharge him under Section 3(i)(x)

of the S.C./S.T. Act. It is submitted on

behalf of the petitioner that on perusal of the

First Information Report, appears that no case

is made out under Section 3(i)(x) of the

S.C./S.T. Act inasmuch as according to the

informant the occurrence took place at his door

step and not at a public place. If, this fact

is true and this is consistent evidence on

record, I do not see how a case should be made

out under Section 3(i)(x) of the S.C./S.T. Act.

In the result, I quash the order dated

19.9.2008 passed by the Special Judge, Siwan in

Trial No. (Spl) 31 of 2008 and remand the

matter back to the Special Judge, Siwan to hear

the petitioner along with the informant on the
2

point of framing of charges afresh and pass

orders within a period of two months on receipt

of a copy of this order. Counsel for the

petitioner is directed to produce a copy of

this order before the Court concerned, within a

period of one month from the date of

receipt/production of a copy of this order.

This application is disposed of with

the aforesaid observations and direction.

Sanjay                                        (Sheema Ali Khan, J.)