Allowed

Parshuram Ram v. The State of Bihar

Patna HC26 Jul 2019CR. APP (SJ)/1076/2019

Case brief

AI extract

What is this about?

Appeal against denial of anticipatory bail under SC/ST Act dismissed jointly. Court allowed bail for five appellants, directing release if arrested within six weeks upon furnishing bond and sureties under CrPC Sec 438(2), while granting withdrawal for one arrested appellant.

What did the court decide?

Impugned order set aside; appellants granted bail to be released within six weeks on arrest or surrender by furnishing bond of Rs. 10,000 with two sureties under Section 438(2) CrPC.

Parshuram Ram Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1076 of 2019

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Arising Out of PS. Case No.-342 Year-2018 Thana- KONCH District- Gaya

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======================================================

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Parshuram Ram Son of Late Chhotu Ram All Resident of Village-Jaitiya, P.S-Konch, District-Gaya.

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Monu Kumar Son of Parshuram Ram All Resident of Village-Jaitiya, P.SKonch, District-Gaya.

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Golu Kumar @ Golu @ Gautam Kumar Son of Parshuram Ram All Resident of Village-Jaitiya, P.S-Konch, District-Gaya.

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Raja Kumar Son of Parshuram Ram All Resident of Village-Jaitiya, P.SKonch, District-Gaya.

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Sonu Kumar Son of Parshuram Ram All Resident of Village-Jaitiya, P.SKonch, District-Gaya.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Arvind Kumar Singh For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 26-07-2019 Learned counsel for the appellants seeks permission to withdraw this appeal on behalf of the appellant no. 1 (Parshuram Ram) submitting that the said appellant has been arrested during the pendency of the appeal.

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Permission is granted.

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Accordingly, this appeal is dismissed in respect of

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the appellant no. 1 (Prashuram Ram).

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Heard learned counsel appearing on behalf of the

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appellant nos. 2 to 5 and learned Spl. PP for the State.

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Patna High Court CR. APP (SJ) No.1076 of 2019(4) dt.26-07-2019 2/4

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 21.02.2019 passed by learned Exclusive Special Judge, SC/ST, Gaya in Konch P.S. Case No. 342 of 2018 registered under Sections 341, 323, 447, 308, 504/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Appellants along with one co-accused, namely, Parshuram Ram are said to have descended at the house of the informant and started slating him. On forbading them, appellant Golu Kumar assaulted on his head by means of iron rod. When his brother, Babu Chand Paswan rushed in his rescue, all the accused persons assaulted him and shoved him on the furnace. They also shoved the informant on the furnace and slated him in the name of his caste.

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It is submitted by learned counsel appearing on behalf of the appellant nos. 2 to 5 that no such occurrence as alleged ever took place. They have been falsely implicated in this case due to petty dispute ensued between the parties as the appellants happen to be adjacent neighbourer of the informant. The allegation of assaulting on the head of the informant by

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Patna High Court CR. APP (SJ) No.1076 of 2019(4) dt.26-07-2019 3/4

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means of rod has been attributed only to Golu Kumar but doctor has found injury as simple in nature caused by hard blunt substance. Other appellants are said to have shoved the informant and his brother on the furnace, but there is no injury report of the brother of the informant in the case diary and the injury report of the informant does not indicate any burn injury on his person. Witness in paragraph 8 of the case diary has stated about slating the informant in the name of his caste by the accused Parshuram Ram only and barring him, none of the witnesses in the case diary have corroborated the factum of slating the informant in the name of his caste by any of the accused persons. Appellants have no criminal antecedent.

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Learned Spl. PP for the State opposed the prayer for bail.

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In the facts and circumstances of the case, the appellant nos. 2 to 5 are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 342 of 2018, subject to the condition as laid down

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Patna High Court CR. APP (SJ) No.1076 of 2019(4) dt.26-07-2019 4/4

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under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and

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appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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rohit/-

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U T

Parshuram Ram v. The State of Bihar

Case brief

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Parshuram Ram v. The State of Bihar

Case brief

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