Dismissed¶22

Prithi Ram Tudu v. the State of Jharkhand

Jharkhand HC11 Nov 2024Cr.A(SJ)/236/2024

Case brief

AI extract

What is this about?

High Court of Jharkhand, Ranchi; Cr. Appeal (SJ) No. 236 of 2024; Sanjay Kumar Dwivedi, J.; order dated 11.11.2024; anticipatory bail; Section 18 SC/ST (Prevention of Atrocities) Act; A.B.P. No. 3236 of 2023; SC/ST P.S. Case No. 81/2023; A.J.C.-II-cum-Special Judge, SC/ST Act, Ranchi; prima facie caste finding as general in sale deed; occurrence 08.08.2023; complaint filed 01.09.2023; sale deed dispute; no illegality in impugned order dated 05.02.2024; appeal dismissed; pending I.A. dismissed.

What did the court decide?

None. The appeal was dismissed and any pending I.A., if any, stands dismissed; the anticipatory bail order dated 05.02.2024 was left undisturbed. ¶22

Prithi Ram Tudu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (SJ) No. 236 of 2024

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Prithi Ram Tudu, aged about 28 years, son of Krishna Chandra Tudu, Residing of Flat No. 9/10, Bariatu Housing Colony, Bariatu, P.O. and P.S. Bariatu, District-Ranchi, Jharkhand

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….. Appellant

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Versus

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1.The State of Jharkhand

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Shekhar Prasad, son of not known to the appellant, resident of Road No.

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4, Saumya Arcade, Bariatu Housing Colny, Sanskriti Vihar, P.O. and P.S. Bariatu, District-Ranchi, Jharkhand

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Sunny Kumar @ Sanni Kumar, aged 29 years, son of Shekhar Prasad, resident of Road No.4, Saumya Arcade, Bariatu Housing Colony, Sanskriti Vihar, P.O. and P.S. Bariatu, District-Ranchi, Jharkhand

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…... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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---

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For the Appellant(s) :- Mr. Suraj Verma, Advocate For the State :- Mr. Ajay Kumar Pathak, A.P.P.

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06/11.11.2024 Heard learned counsel for the appellant and learned counsel for the State.

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The present appeal has been preferred against the order dated 05.02.2024 passed by the learned A.J.C.-II-cum-Special Judge, SC/ST Act, Ranchi in connection with A.B.P. No.3236 of 2023 arising out of SC/ST P.S. Case No. 81/2023 whereby the learned court has been pleased to grant anticipatory bail to the respondent nos. 2 and 3.

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Learned counsel for the appellant submits that the learned Court has wrongly granted anticipatory bail to the respondent nos. 2 and 3. He submits that in the light of section 18 of the SC/ST (Prevention of Atrocities) Act anticipatory bail is not maintainable. He further submits that the learned court has given wrong finding of caste of mother and sister of the appellant as general and in view of above the impugned order may kindly be set aside.

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Learned counsel for the State submits that the impugned order is a reasoned order and the learned court has rightly passed the said order.

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The Court has gone through the impugned order dated 05.02.2024 and finds that the learned court has applied its judicial mind

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and thereafter has given prima facie finding. The alleged occurrence is said to be occurred on 08.08.2023 whereas the complaint petition was filed on 01.09.2023 and the dispute is with regard to sale deed. The learned court found the caste of the mother and sister of the informant as general in the sale deed and thereafter granted anticipatory bail. 6. The Court finds that the learned court has rightly passed the said order. There is no illegality in the said order. The apprehension of the learned counsel for the appellant with regard to prima facie finding of the caste of the mother and sister of the informant is mis-conceived one. That is only prima facie finding that can be subject matter of trial.

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In view of above the Court finds that there is no illegality in the impugned order dated 05.02.2024. Accordingly, this appeal is dismissed. Pending I.A, if any, stands dismissed.

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( Sanjay Kumar Dwivedi, J)

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Satyarthi

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Prithi Ram Tudu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prithi Ram Tudu v. the State of Jharkhand

Case brief

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