2025:JHHC:20083 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No.122 of 2025 ------ Awatap Khan @ Aftab Khan, son of Jhangir Hussain, resident of Village Ghaghra Tola, Bhedigarha, P.O. Ghaghra, P.S. Bero, District Ranchi .... .... …. Appellant Versus The State of Jharkhand .... .... .... Respondent CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Appellant : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Kumari Rashmi, A.P.P. For the Informant : Mr. Prashant Kumar Shrivastava, Advocate ------ Order No.05 Dated : 22.07.2025 Instant criminal appeal is filed against the order dated 04.12.2024 passed in A.B.P. No.2795 of 2024 arising out of Bero P.S. Case No.83 of 2022 under Sections 341, 323, 325, 504, 506/34 of the I.P.C. and Section 3(1)c, 3(1)f, 3(1)r, 3(1)s and 3(1)z of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act. 2. An attempt to take live electric wire across the agriculture field of the informant, precipitated the incidence. When the informant’s son protested, he was conjointly assaulted by the accused persons viz. Samim Husain, Aftab Husain, Danish Husain and Tousif Husain. When his daughter rushed to his rescue, she was also assaulted and abused by calling her caste name. Her daughter became unconscious and she was taken for treatment to Primary Health Centre, Bero from where she was referred to RIMS, Ranchi. 3. It is submitted by learned counsel on behalf of appellant that Section 325 of the IPC is bailable in nature with maximum sentence of seven years and offence under SC/ST Act will not be made out as the incidence did not take place in public view. 4. Learned counsel on behalf of victim and learned counsel for the State vehemently opposed the prayer. 5. Having considering the submissions advanced on behalf of both sides, this is a case of an unprovoked assault by calling the caste name of the informant party in open public field. I do not find any infirmity in the impugned order. Criminal Appeal is dismissed. Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit