Dismissed

Misri Mahto @ Misti Mahto v. The State of Bihar

Patna HC29 Jul 2019CR. APP (SJ)/1175/2019

Case brief

AI extract

What is this about?

This is an appeal against the refusal of anticipatory bail in an offence under the SC/ST Act involving slandering and assault. The High Court rejected the prayer for bail, dismissing the appeal, but directed the appellants to surrender within six weeks to seek regular bail.

What did the court decide?

The appeal was dismissed. Appellants directed to surrender within six weeks to seek regular bail.

Misri Mahto @ Misti Mahto Vs The State of Bihar — Criminal Trial and Appeal | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1175 of 2019

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Arising Out of PS. Case No.-4 Year-2019 Thana- SC/ST District- Sheikhpura

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

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Misri Mahto @ Misti Mahto Son of Late Laljit Mahto R/o Sujabalpur, P.S.Korma, District- Sheikhpura.

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Jitendra Mahto S/o Misri Mahto R/o Sujabalpur, P.S.- Korma, DistrictSheikhpura.

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Santi Devi W/o Misri Mahto R/o Sujabalpur, P.S.- Korma, DistrictSheikhpura.

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Minta Devi D/o Misri Mahto, W/o Uchit Mahto Present R/o Shahri, P.S.Ghoswari, District- Patna.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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

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ORAL ORDER

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6 29-07-2019 Heard learned counsel for the appellants and learned Spl. PP for the State.

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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 27.02.2019 passed by learned 1^st Addl. District & Sessions Judge, Sheikhpura in Sheikhpura SC/ST P.S. Case No. 4 of 2019 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(1)(R)(S), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of

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Patna High Court CR. APP (SJ) No.1175 of 2019(6) dt.29-07-2019 2/3

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Atrocities) Act.

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Over row of uprooting coriander of the informant, appellants are said to have slated the informant in the name of her caste and appellant Jitendra Mahto assaulted her by means of bamboo making her badly injured.

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It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. They have been falsely implicated in this case. There is delay of nine days in lodging the FIR. Allegation levelled against the appellants is not specific rather general and omnibus in nature. There is no injury report of the informant in the case diary. Appellants have no criminal antecedent, hence, they may be enlarged on bail.

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Per contra, learned Spl P.P. for the State opposing the bail prayer of the appellants submitted that the appellants have slated the informant in the name of her caste in the public view, hence, offence under SC/ST Act is made out and anticipatory bail is barred by Section 18 of the said Act. The informant has given sufficient explanation for delay in lodging the FIR in the written report itself.

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In the facts and circumstances of the case, I am not inclined to enlarge the appellants on bail. Accordingly, their prayer is rejected.

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Patna High Court CR. APP (SJ) No.1175 of 2019(6) dt.29-07-2019 3/3

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However, appellants are directed to surrender before the court below within six weeks and seeks regular bail and learned court below shall pass order on the very date of surrender by the appellants in accordance with law considering the facts and circumstances of the case without being prejudiced by this order.

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Accordingly, this appeal is dismissed.

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(Prakash Chandra Jaiswal, J)

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rohit/-

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U T

Misri Mahto @ Misti Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Misri Mahto @ Misti Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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