Partly allowed

Md. Kale @ MD . Islam v. The State of Bihar

Patna HC30 Jul 2019CR. APP (SJ)/1200/2019

Case brief

AI extract

What is this about?

The High Court partly allowed an appeal against refusal of anticipatory bail. Bail was granted to most appellants on a bond but rejected for Appellant No. 3, directing surrender within six weeks to seek regular bail.

What did the court decide?

Bail allowed for Appellants 1-2,4-8 on Rs. 10,000 bond; bail rejected for Appellant No. 3 with direction to surrender within six weeks.

Md. Kale @ MD . Islam 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.1200 of 2019

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Arising Out of PS. Case No.-42 Year-2018 Thana- BALIGAON District- Vaishali

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

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MD. KALE @ MD . ISLAM S/o Md. Matiyur Rahman R/o VillageBisanpur Kawa, P.S.- Baligaon, District- Vaishali.

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Kamaluddin @ Md. Kamaluddin S/o Md. Late Lukman R/o villageBisanpur Kawa, P.S.- Baligaon, District- Vaishali.

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Sarfuddin @ Md. Sarfuddin @ Neta jee @ Safihil @ Shafurddin @ Shafuddin @ Md. Shafiuddin. S/o Md. Late Lukman R/o village- Bisanpur Kawa, P.S.- Baligaon, District- Vaishali.

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Md. Faiyaz @ Faijur Rahman S/o Md. Sone R/o village- Bisanpur Kawa, P.S.- Baligaon, District- Vaishali.

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Md. Aklu S/o Late Md. Wasil Haque R/o village- Bisanpur Kawa, P.S.Baligaon, District- Vaishali.

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Md. Halim S/o Late Safil R/o village- Bisanpur Kawa, P.S.- Baligaon, District- Vaishali.

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Saddam S/o Taslim Ansari R/o village- Bisanpur Kawa, P.S.- Baligaon, District- Vaishali.

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Md. Mokhtar S/o Late Ayum R/o village- Bisanpur Kawa, P.S.- Baligaon, District- Vaishali.

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... ... Appellant/s

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Versus

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The State of Bihar……………………………………...... ... Respondent/s

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Appearance : For the Appellant/s : Mr.Vinay Kumar Mishra For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 30-07-2019 Heard learned counsel for the appellants and learned

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Special Public Prosecutor 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, 1989 (hereinafter referred to as the “SC/ST Act’) against the refusal of prayer for anticipatory bail vide

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Patna High Court CR. APP (SJ) No.1200 of 2019(4) dt.30-07-2019 2/4

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order dated 18.2.2019 passed by learned 1^st Additional Sessions Judge-cum-Special Judge SC/ST (POA) Act, Hajipur at Vaishali in connection with Baligaon P.S. Case No. 42 of 2018, registered under Sections 147, 148, 149, 341, 323, 448, 379, 315, 428, 504, 506 of the Indian Penal Code and also under Section 3 (i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Appellant No.3 Sarfuddin is said to have administered the injunction to pregnant daughter-in-law of the informant over complain of her headache. Subsequently, she complained colic then she was rushed to the Muzaffarpur to accord her treatment but she gave birth to stillborn baby on the way. When informant along with her husband arrived at the clinic of the said appellant he and his brother slated them in the name of their caste. Fifteen named accused persons including appellants and 300 unknown miscreants descended at the house of the informant and intruding into the house shoved her daughter-in-law on the ground and looted cash, jewellery slated her in the name of her caste and extended threatening of dire consequences.

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It is submitted by the learned counsel for the appellants that no such occurrence as alleged ever took place. They have been falsely implicated in this case. The allegation of

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Patna High Court CR. APP (SJ) No.1200 of 2019(4) dt.30-07-2019 3/4

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slating against the appellant is not specific rather general and omnibus in nature and allegation of theft is super-addition. No one has sustained any injury in the occurrence. More over 350 persons including the appellants were present at the P.O. but informant has not disclosed in specific as to who slated her in the name of her caste. They have no criminal antecedent. Both parties have entered into the compromise in the case.

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Learned Spl. P.P. for the State opposing the prayer for bail submitted that appellant no.3 Sarfuddin happens to be quack and he administered injunction to the pregnant daughterin-law of the informant resultantly she gave birth of stillborn baby on the way to Muzaffarpur. Witnesses of case diary have also supported the aforesaid allegation levelled against the said appellant. hence he does not deserve bail.

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Having regard to the facts and circumstances of the case, the Court is not inclined to enlarge the appellant No. 3 on bail. Accordingly, his bail prayer is rejected.

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However, the appellant No. 3 is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below is directed to pass an order in accordance with law without being prejudice by this order.

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Patna High Court CR. APP (SJ) No.1200 of 2019(4) dt.30-07-2019 4/4

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Appellants no.1 Md. Kale @ Md . Islam, appellant No.2 Kamaluddin @ Md. Kamaluddin, appellant No.4 Md. Faiyaz @ Faijur Rahman, appellant No.5 Md. Aklu S/o Late Md. Wasil Haque, appellant no.6 Md. Halim, appellant No.7 Saddam and appellant no.8 Md. Mokhtar are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions Judgecum-Special Judge (SC/ST), Act, Hajipur at Vaishali in connection with Baligaon P.S. Case No. 42 of 2018, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the present appeal is disposed of.

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(Prakash Chandra Jaiswal, J)

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T.Kr./-

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U T

Md. Kale @ MD . Islam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Kale @ MD . Islam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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