MADAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Special P.P. for the State.

(2.) This is an appeal under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dtd. 17/11/2021 passed by the learned 6th Additional Sessions Judge, Sitamarhi in connection with Dumra P.S. Case No. 335 of 2020, registered for the alleged offences under Ss. 341, 323, 376, 511/34 of the Indian Penal Code, Ss. 3 (1)(r)(s) of the Scheduled Castes and Scheduled Tribes (POA) Act and Sec. 8 of the POCSO Act.

(3.) The learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The appellant and the co-accused have been falsely implicated at the instance of one Ram Padarath Mishra, Advocate. He is the agnate of the appellant and there is land dispute between the parties and informant of this case has been working as a labourer in the fields of said Ram Padarath Mishra. This person has also registered two other cases against the appellant by falsely implicating him. The learned counsel further submits that for the occurrence dtd. 15/9/2020, the first information report was registered on 11/10/2020, i.e., after delay of 26 days without any reasonable explanation to explain this delay. The learned counsel for the appellant further submits that the proceedings U/s107 of Cr.P.C. is also going on between the appellant and aforesaid Ram Padarath Mishra. Moreover, the cattle of the informant had destoryed the paddy crops of the appellant and when the appellant asked him to compensate, the informant lodged this false case on saying of said Ram Padarat Mishra. Learned counsel further submits that the appellant is in custody since 18/9/2021 and charge-sheet has been submitted in this case. The similarly placed co-accused Rajesh Mishra has been granted bail by a Co-ordinate Bench of this Court vide order dtd. 21/9/2021 passed in Criminal Appeal (S.J.) No.3151 of 2021.