DEENANATH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the petitioners and the learned APP appearing for the State. The petitioners, who are accused for offence under Sections 341, 323, 386, 504, 506 and 34 of the Indian Penal Code and also under Section 3(i)(x)(viii) of the SC and ST (Prevention of Atrocities) Act, pray for anticipatory bail expressing apprehension of their arrest in connection with SC and ST P.S. Case No. 4 of 2008.

(2.) LEARNED Counsel appearing for the petitioners submits that the petitioners' daughter was married to the complainant in the year 1995 and both the petitioners as well as complainant lived happily together at the place of the posting of the complainant and lastly they stayed at Bombay till 2002 and during these periods, one child begotten out of their wedlock, but in the year 2003, when the daughter of the petitioners became fed up with the torture meted to her she came to her parents' house and lodged a case, which was instituted under Section 498A of the Indian Penal Code and subsequently an application under Section 125, Cr PC was also filed in the Court in which complainant did appear on notice being issued and the other day he lodged a complaint case, putting allegation that when the complainant had come to attend the Court, these two petitioners put demand of the money and even abused him which according to the complainant attracted offence under Section 3(i)(x)(viii) of the SC and ST (Prevention of Atrocities) Act, but the entire allegations are false which in the facts and circumstances of the case appears to be not only absurd but also improbable and that so far allegation made under Section 3(i)(x)(viii) of the SC and ST (Prevention of Atrocities) Act is concerned, that in the facts and circumstances, is never attracted, as the complainant has never disclosed in the complaint that he was abused by these petitioners with intent to humiliate the complainant within the public view and if the act alleged is not within the public view, no offence is attracted under the Atrocities Act and in that view of the matter, this application gets maintainable and the petitioners are entitled to bail, keeping in view the facts and circumstances of the case.