Mere abuse on Caste of a person doesn’t amount to punishment as per SC/ST Act: High Court Of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo. 19521 Arising Out of PS. Case No. 110 Year 2020 Thana TARAPUR District Munger 1. Deepak Mandal Male aged about 22 years Son of Pawan Mandal. Rohit Kumar @ Mukhiya Mandal Male aged about 20 years Son of Pawan Tulsi Mandal Male aged about 32 years Son of Mahadev Mandal. Pawan Mandal Male aged about 45 years Son of Late Chakardhar Mandal. Badri Kumar Mandal @ Badri Nath Mandal Male aged about 35 years Son of Laxman Mandal 6. Moti Mandal Male aged about 40 years Son of Laxman Mandal. 7. Nitish Kumar @ Nitish Mandal Male aged about 20 years Son of Moti All residents of Village Dadha SaraunPS Tarapur District The State of Bihar ... Appellant s ... Respondent s For the Appellant s For the State Mr. Vikram Deo Singh Advocate Ms. Usha Kumari No. 1 Special PP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04 10 2021 Heard Mr. Vikram Deo Singh learned counsel for the appellants and Ms. Usha Kumari No. 1 learned Special Public Prosecutor for 2. The instant appeal is directed against the order dated 21.08.2020 passed by the learned Additional Sessions Judge I Patna High Court CR. APPNo.19521 dt.04 10 2021 Munger in ABA No. 753 of 2020 by which the prayer for anticipatory bail of the appellants stand rejected. 3. The appellants apprehend arrest in connection with Tarapur PS Case No. 110 of 2020 dated 28.07.2020 instituted under Sections 147 148 149 341 323 504 506 of the Indian Penal Code 1860 and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act 1989 hereinafter referred to as the ‘SC ST Act’ 4. As per the FIR in a function due to music being played on high volume by the appellants when they were asked to lower the volume they are said to have abused the members of the prosecution party using caste name and thereafter also there being a free fight between the two sides resulting in injuries 5. Learned counsel for the appellants submitted that the dispute basically was between the two sides for the reason that the prosecution side was objecting to the high volume of music being played by the appellants’ side and despite them being requested to lower the volume the same was not done. It was submitted that the allegation is general and omnibus in nature though it has been stated that the abuse had also been by using the caste word of the informant’s side. Learned counsel submitted that the object of the SC ST Act is to prevent any person not belonging to the SC ST Patna High Court CR. APPNo.19521 dt.04 10 2021 category from committing atrocities against members of the SC ST community only on the ground that they belonged to such reserved category. It was submitted that if in a general course of any dispute some incident occurs even if one of the parties belonged to the SC ST category ipso facto the same would not lead to the matter coming under the preview of the SC ST Act as has been held by the Hon’ble Supreme Court in Khuman Singh v State of Madhya Pradesh AIR 2019 SC 4030 the relevant being at paragraphs no. 3 and 11. It was submitted that there was also a counter version of the occurrence as one of the accused persons namely Sintu Singh has lodged Tarapur PS Case No. 1020. It was submitted that similarly situated co accused Sonu Mandal @ Sonu Kumar Chandan Mandal @ Chandan Kumar Mandal and Jawahar Mandal have been granted anticipatory bail by a co ordinate Bench by order dated 14.07.2021 passed in Cr AppealNo. 18021. Learned counsel submitted that the appellants have no other criminal antecedent 6. Learned Special PP submitted that the appellants are alleged to have abused the informant’s side by using their caste name. However it was not controverted that the occurrence took place on the spur of the moment and the reason being that the Patna High Court CR. APPNo.19521 dt.04 10 2021 accused are said to have been playing musing at the high volume which was objected by the informant’s side 7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in view of the appellants being involved in an incident in which both the sides committed overt act and the reason being that the playing of music on high volume by the accused side was objected by informant side which was the genesis and cause of action which does not indicate that the incident occurred only because of the caste identity of the informant side and the fact that they have no other criminal antecedent as also anticipatory bail having been granted by a co ordinate Bench to similarly situated co accused the Court is inclined to allow the prayer for pre arrest bail 8. Accordingly in the event of arrest or surrender before the Court below within six weeks from today the appellants be released on bail upon furnishing bail bonds of Rs. 25 000 twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Ist Munger in Tarapur PS Case No. 1120 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the appellants that the appellants and the Patna High Court CR. APPNo.19521 dt.04 10 2021 bailors shall execute bond and give undertaking with regard to good behaviour of the appellants and that they shall co operate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of their bail bonds 9. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the appellants to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the appellants 10. Accordingly the order impugned is set aside and the appeal stands allowed (Ahsanuddin Amanullah J

Summary: Alleged of abuse in the name of caste and initiating the free fight, the appellants were arrested. They filed an appeal and were granted bail by the High Court after considering all facts and circumstances. The Hon’ble High Court of Patna before Justice Mr.  Ahsanuddin Amanullah in the matter of Deepak Mandal and others v. The State of Bihar[Criminal Appeal (SJ) No. 1954 of 2021]. 
The facts of the case were that the instant appeal was submitted against the order passed by the Learned Additional Sessions Judge-I through which the anticipatory bails of the appellants were rejected. The Appellants were arrested under Sections 147, 148, 149, 341, 323, 504, 506 of the Indian Penal Code and 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It was alleged that the appellants were playing music on high volume and on being asked to lower it down by the prosecution then they abused them by caste names and also initiated a free fight resulting in injuries. The Appellants in defense said that the allegations are general and omnibus in nature and caste abuse is also used by the informant’s side. Also, the appellants have no other criminal antecedents and co-accused have also been released on bail.

The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the appellants being involved in an incident in which both the sides committed overt act and the reason being that the playing of music on high volume by the accused side was objected by informant side which was the genesis and cause of action, which does not indicate that the incident occurred only because of the caste identity of the informant side and the fact that they have no other criminal antecedent as also anticipatory bail having been granted by a co-ordinate Bench to similarly situated co-accused, the Court is inclined to allow the prayer for pre-arrest bail.”

The appellants were released on bail on furnishing bail bonds worth Rs.25000 along with 2 sureties of the like amount. The same is subject to the Code of Criminal Procedure, 1973, and further, the bailors should be the close relatives of the appellants and the appellant should cooperate with the court concerning good behavior. The impugned order was set aside and the appeal was allowed in the Court of Law.
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Judgment Reviewed By Nimisha Dublish
 The facts of the case were that the instant appeal was submitted against the order passed by the Learned Additional Sessions Judge-I through which the anticipatory bails of the appellants were rejected. The Appellants were arrested under Sections 147, 148, 149, 341, 323, 504, 506 of the Indian Penal Code and 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 
It was alleged that the appellants were playing music on high volume and on being asked to lower it down by the prosecution then they abused them by caste names and also initiated a free fight resulting in injuries. The Appellants in defense said that the allegations are general and omnibus in nature and caste abuse is also used by the informant’s side. Also, the appellants have no other criminal antecedents and co-accused have also been released on bail.

The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the appellants being involved in an incident in which both the sides committed overt act and the reason being that the playing of music on high volume by the accused side was objected by informant side which was the genesis and cause of action, which does not indicate that the incident occurred only because of the caste identity of the informant side and the fact that they have no other criminal antecedent as also anticipatory bail having been granted by a co-ordinate Bench to similarly situated co-accused, the Court is inclined to allow the prayer for pre-arrest bail.”

The appellants were released on bail on furnishing bail bonds worth Rs.25000 along with 2 sureties of the like amount. The same is subject to the Code of Criminal Procedure, 1973, and further, the bailors should be the close relatives of the appellants and the appellant should cooperate with the court concerning good behavior. The impugned order was set aside and the appeal was allowed in the Court of Law.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 It was alleged that the appellants were playing music on high volume and on being asked to lower it down by the prosecution then they abused them by caste names and also initiated a free fight resulting in injuries. The Appellants in defense said that the allegations are general and omnibus in nature and caste abuse is also used by the informant’s side. Also, the appellants have no other criminal antecedents and co-accused have also been released on bail. 
The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the appellants being involved in an incident in which both the sides committed overt act and the reason being that the playing of music on high volume by the accused side was objected by informant side which was the genesis and cause of action, which does not indicate that the incident occurred only because of the caste identity of the informant side and the fact that they have no other criminal antecedent as also anticipatory bail having been granted by a co-ordinate Bench to similarly situated co-accused, the Court is inclined to allow the prayer for pre-arrest bail.”

The appellants were released on bail on furnishing bail bonds worth Rs.25000 along with 2 sureties of the like amount. The same is subject to the Code of Criminal Procedure, 1973, and further, the bailors should be the close relatives of the appellants and the appellant should cooperate with the court concerning good behavior. The impugned order was set aside and the appeal was allowed in the Court of Law.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the appellants being involved in an incident in which both the sides committed overt act and the reason being that the playing of music on high volume by the accused side was objected by informant side which was the genesis and cause of action, which does not indicate that the incident occurred only because of the caste identity of the informant side and the fact that they have no other criminal antecedent as also anticipatory bail having been granted by a co-ordinate Bench to similarly situated co-accused, the Court is inclined to allow the prayer for pre-arrest bail.” 
The appellants were released on bail on furnishing bail bonds worth Rs.25000 along with 2 sureties of the like amount. The same is subject to the Code of Criminal Procedure, 1973, and further, the bailors should be the close relatives of the appellants and the appellant should cooperate with the court concerning good behavior. The impugned order was set aside and the appeal was allowed in the Court of Law.
Click Here To Read The Judgment
Judgment Reviewed By Nimisha Dublish
 The appellants were released on bail on furnishing bail bonds worth Rs.25000 along with 2 sureties of the like amount. The same is subject to the Code of Criminal Procedure, 1973, and further, the bailors should be the close relatives of the appellants and the appellant should cooperate with the court concerning good behavior. The impugned order was set aside and the appeal was allowed in the Court of Law.