Allowed

Bhikhari Prasad Alias Bhikhari Mahto v. the State of Jharkhand

Jharkhand HC24 Jun 2021Cr.A(SJ)/636/2020

Case brief

AI extract

What is this about?

High Court of Jharkhand allowed bail in a criminal appeal arising from a land dispute involving alleged harassment. The court held that no offence under the SC/ST (POA) Act was made out. Impugned order of rejection of bail was set aside and appellants released.

What did the court decide?

Appellants directed to be released on bail bond of Rs.10,000/- each with two sureties.

Bhikhari Prasad Alias Bhikhari Mahto Vs the State of… — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No. 636 of 2020

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....

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Bhikhari Prasad @ Bhikhari Mahto

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Meena Devi

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Jai Kumar Prasad @ Jai Kumar 4. Santosh Mahto @ Santosh Kumar .… Appellants

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Versus

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The State of Jharkhand

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Pawan Kumar Ram .... Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mr. Sarju Prasad, Adv. For the State : Mr. Shree Prakash Jha, A.P.P. For the Respondent No.2 : None

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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

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04/24.06.2021 In spite of valid service of notice, nobody appears on behalf of respondent

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No.2.

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The present application has been filed under Section 14(A) (2) of the Schedule Castes/Schedule Tribes (Prevention of Atrocities) Act.

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Heard learned counsel for the appellants and learned counsel for the State. This criminal appeal has been filed against the order dated 07.10.2020 passed in A.B.P. No.439 of 2020 (arising out of Koderma SC/ST P.S. Case No.09 of 2020) passed by the learned Additional Sessions Judge-I, Koderma, for the offence under Sections 341/ 323/ 325/ 307/ 34 of the Indian Penal Code and Section 3(i)(ii) of the SC/ST (Prevention of Atrocities) Act by which prayer for bail of the appellants have been rejected.

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It has been submitted by the learned counsel for the appellants that there was land dispute between the parties regarding grazing of field by an ox. There is a case and counter case. As per the allegation against these appellants, they have abused the victim within his house which is not in public view. Further good sense has prevailed between the parties and they have resolved their dispute and are living peacefully. It has been further submitted that since no offence under SC/ST (POA) Act gets attracted and as such the appellants are entitled for consideration their case under Section 438 of the Cr.P.C.

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On the other hand, learned APP has opposed the prayer but could not point out any view in the F.I.R. which suggests that offence under SC/ST (PO A) Act gets attracted.

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Having heard the parties and on perusal of the record, this court finds that no offence under SC/ST (POA) Act is made out and further it is fight between the parties over a trivial issue.

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Seeing the triviality of circumstances, the appellants, above named, are directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum- Special Judge, Koderma in connection with Koderma SC/ST P.S. Case No.09 of 2020) subject to condition that the appellants will submit self-attested photocopy of their Aadhar Card and also submit their mobile number before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court.

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Accordingly, instant criminal appeal is allowed and the impugned order dated 07.10.2020 passed in A.B.P. No.439 of 2020 (arising out of Koderma SC/ST P.S. Case No.09 of 2020) passed by the learned Additional Sessions Judge-I, Koderma is, hereby, set aside.

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(Rajesh Kumar, J.)

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Shahid/

Bhikhari Prasad Alias Bhikhari Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bhikhari Prasad Alias Bhikhari Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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