Anant Bijay Singh, J. - (1.) Heard learned counsel appearing for the parties.
(2.) The instant criminal appeal has been filed on behalf of the sole appellant Rajesh Dubey @ Rajesh Kumar Dubey under section 14(2) of the Scheduled Case and Scheduled Tribe (Prevention of Atrocities Act) being aggrieved and dissatisfied with the 16.01.2017 passed by Addl. Sessions Judge-I, Palamau at Daltonganj in B.P.No. 750 of 2016 arising out of Patan P.S. case no.94/16 under sections 147, 148, 149, 302 I.P.C and section 3/5 of the SC & ST (POA) Act,1989 whereby and where under, the court below has rejected the regular bail application of the appellant.
(3.) The prosecution case, in brief, is as that the informant Kalawati Devi gave Fardbeyan on 25.10.2016 wherein she has alleged that on 24.10.2016 at about 7:00 p.m. his husband Bhola Paswan had gone to village to collect wages, but at about 9:00 p.m. after hearing "Hulla", she alongwith her sons Sakendra Paswan, Chhotu Kumar and her daughterin-law-Uma Devi came out of her house and saw that Rajesh Kumar Dubey ( Appellant), Rakesh Dubey, Ritu Dubey, Santosh Singh, Rajendra Sonar and Sheopujan Lal were assaulting her husband with Lathi-Danda. When she tried to rescue her husband, Rajesh Kumar Dubey ( Appellant) abused Chhotu Kumar, son of the informant, with his caste name and threatened them on the gun point and all the accused persons taken her husband towards near the canal and after some time, all the accused persons came by a Scorpio Vehicle of Rajesh Kumar Dubey (appellant) and thrown her husband near her house, when the informant reached near his husband and thought about his treatment in the meanwhile he died. The reason of this occurrence is that her niece, Puja Kumari was adult and these accused persons used to move around her house at night, her husband opposed this and due to this fact accused persons assaulted her husband.;