RANCHI, India, March 1 -- Jharkhand High Court issued the following order on Jan. 29:

1. Both the Criminal Appeals have been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellants for grant of anticipatory bail who are apprehending their arrest in connection with Lohardaga SC/ST P.S. Case No. 15 of 2024 for the offences under Sections 329(2), 127(2), 115(2), 118(2), 352/3(5) of B.N.S and Section 3(i))(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, pending in the Court of Sri Akhilesh Kumar Tiwari, learned Additional Sessions Judge-Icum-Spl. Judge, SC/ST (POA) Act, Lohardaga.

2. As per FIR, which was lodged on 24.09.2024, the appellants and another co-accused are alleged to have arrived at the matrimonial home of the Informant- Nirmal Oraon and dragged him outside the house and assaulted him by the bamboo stick and fist and abused in the name of his caste and then on raising alarm made by the Informant nearby people and his wife came and saved him.

3. Heard Mr. Jitendra Nath Upadhyay, learned counsel for the appellants, Mrs. Nehala Shramin, learned Spl. P.P. for the State, Mr. Anup Pawan Topno, learned A.P.P. for the State and Mr. Suraj Kishore Prasad, learned counsel for the Informant.

4. Learned counsel for the appellants has submitted that the appellants are innocent and have not committed any offence and they have been falsely implicated in this case. It is submitted that the occurrence had taken place on 28.08.2024 but the FIR was lodged on 24.09.2024 after around one (01) month and for which no explanation was given by the Informant. It is submitted that the injury sustained by the Informant was found to be simple in nature. It is submitted that no specific overt act has been attributed against the appellants and they are ladies. It is submitted that earlier FIR was instituted by the appellant namely, Ram Prasad Yadav in Cr. Appeal (S.J) No. 803 of 2024 against the Informant for assaulting his son on 28.08.2024 which has been enclosed as Annexure-2 in this Criminal Appeal. It is submitted that the statements of the witnesses in the case diary are not reliable for alleging the appellants for assaulting the Informant and hence the appellants may be enlarged on anticipatory bail.

5. On the other hand, learned Spl. P.P. for the State have vehemently opposed the prayer for anticipatory bail of the appellants. It is submitted that the appellants are named in the FIR and they had assaulted and abused the informant by taking the name of his caste in his sasural on 28.07.2024. It is submitted that the Informant was treated at Priyanka Clinic. It is submitted that Informant in his subsequent statement in paragraph-3 and witnesses namely, Muniya Kumari, Teta Oraon, Sapna Kumari and Golden Oraon, whose statement are recorded at Paragraph-6 to 9 of the case diary, have fully supported the case against the appellants.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqCXCr3ccyKMAqDTH4naJkqOT4dEjeY5rNK4eAKS%2BoqM4&caseno=Cr.A(SJ)/803/2024&cCode=1&cino=JHHC010403792024&state_code=7&appFlag=)

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