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Ajit Yadav @ Aditya Kumar Yadav vs State Of Bihar

Patna High Court · Decided on 11 December 2020 · Citation: (2020) 12 PAT CK 0114

HON’BLE JUDGES
Ashwani Kumar Singh, J
ACTS & SECTIONS REFERRED
Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(r)(s), 3(2)(va), 14(A)(2), 18 · Indian Penal Code, 1860 — Section 34, 323, 324, 341, 427, 479, 504
RESULT
Dismissed
CASE NUMBER
Criminal Appeal (Sj) No. 1867 Of 2020
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Judgment

19 paragraphs · 363 words
1.

Heard learned counsel for the appellant and learned Special Public Prosecutor for the State via video conferencing.

2.

The instant appeal under Section 14A(2) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the

SC/ST Act’) has been preferred by the appellant against the order dated 13.07.2020 passed by the learned Additional District & Sessions Judge

1st-cum-Special Judge (SC/ST), Saran in A.B.P. No.1344 of 2020 whereby the prayer for grant of pre-arrest bail of the appellant in Ekma P.S. Case

No.175 of 2020 registered under Sections 341, 323, 324, 504, 427, 479 read with Section 34 of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)

(va) of the SC/ST Act, has been rejected.

3.

Considering the allegation made against the appellant that he not only abused the informant by taking his caste name ‘dhobi’ but also

assaulted him with chhura causing injury in his left arm, I see no illegality in the impugned order dated 13.07.2020 passed by the learned Additional

District & Sessions Judge 1st-cum-Special Judge (SC/ST), Saran. Since the ingredients of the offences under the SC/ST Act are attracted in view of

Section 18 of the SC/ST Act, the appeal is not maintainable.

4.

Accordingly, the appeal is dismissed as not maintainable.

5.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered

appropriate to adopt the following procedure for communication of the present judgment:-

I. The judgment, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Sr.

Secretary.

II. The corrected copy of the judgment shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic

copy of the judgment passed by this Court in the present proceeding.

III. Hard copy of the judgment duly signed by me shall be preserved in my residential office for documentation and future use, if any.

IV. Let steps be taken by the Sr. Secretary/registry for up-loading of the present judgment without compromising with the norms of social distancing.