Patna High Court allowed CR. APP. No. 624 of 2017, setting aside a lower court order of 18.10.2016, and directed release of appellant Sita Ram Chowhan on bail in a caste-based offence case.
Release on bail by furnishing bond of Rs.10,000/- with two sureties of the like amount.
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Patna High Court CR. APP (SJ) No.624 of 2017 (02) dt.12-04-2017
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.624 of 2017
Arising Out of PS.Case No. -2 Year- 2016 Thana -SC/ST District- KISANGANJ
====================================================== Sita Ram Chowhan, S/o Ram Chander Chowhan, resident of Village- Moti Bagh, P.S. & District- Kishanganj.
.... .... Appellant/s
Versus
The State of Bihar
.... .... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr. Diwakar Sinha-Advocate For the Respondent/s : Mr. Binay Krishna-S.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
03 12-04-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.
In the background of dispute prevailing since before as a result of which, both the parties are on litigating term, it has been alleged that appellant along with his wife and other family members came at the place of informant, Amit Kumar, abused by caste name and demanded Rs.25,000/- as rangdari from his father. On refusal, they pelted stone and also threatened that in case of non-payment of rangdari, they will have to face dire consequence.
Considering the nature of the allegation in consonance with period of custody for more than six months, appellant, Sita Ram Chowhan is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. APP (SJ) No.624 of 2017 (02) dt.12-04-2017
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amount each to the satisfaction of the learned Special Judge, S.C./S.T., Kishanganj in connection with Kishanganj S.C./S.T. P. S. Case No.02 of 2016, after setting aside the order dated 18.10.2016 passed by the Special Judge, S.C./ S.T., Kishanganj in connection with Kishanganj S.C./S.T. P. S. Case No.02 of 2016.
Accordingly, appeal is allowed.
(Aditya Kumar Trivedi, J)
Vikash/-
U T
3 issues framed by the court
Whether the appellant directing release on bail should be set aside regarding the definition of a range salary
Whether the lower court's order should be quashed due to the caste nature of the offence?
Whether the bail application should be allowed or dismissed?
Sita Ram Chowhan
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
