Allowed

Munna Chaudhary v. The State of Bihar

Patna HC25 Apr 2019CR. APP (SJ)/1418/2019

Case brief

AI extract

What is this about?

The Patna High Court in an appeal under the SC/ST Act, was the refusal of bail by the Sessions Judge. The court held that the appellant, who was falsely implicated and languishing in custody, should be enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties.

What did the court decide?

Appellant enlarged on bail by furnishing bond of Rs. 10,000 with two sureties, conditionally prohibiting threats to the informant.

Munna Chaudhary 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.1418 of 2019

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Arising Out of PS. Case No.-35 Year-2018 Thana- SAHODARA District- West Champaran

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Munna Chaudhary, Son of Naresh Chaudhary, Resident of Village - Banspur Pipra, P.S.- Sahodara, Distt.- West Champaran.

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... ... Appellant/s

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The State of Bihar

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Versus ... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Brij Kishor Mishra For the Respondent/s : Mr.Usha Kumari 1

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

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 25-04-2019

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Heard learned counsel for the appellant and

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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 for bail vide order dated 15.03.2019 passed by learned 1^st Addl. Sessions Judge cum Special Judge, West Champaran in Sahodara P.S. Case No. 35 of 2018 registered under Sections 341, 323, 447, 448, 504 and 506/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Appellant along with four other named accused persons are said to have descended at the door of the informant and slated her in the name of her caste and extended threatening

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Patna High Court CR. APP (SJ) No.1418 of 2019 dt.25-04-2019 2/3

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of dire consequence in case of giving evidence in the case lodged by the informant earlier. They also assaulted the daughter-in-law of the informant intruding into her house.

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It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. The allegation levelled against the appellant is not specific rather general and omnibus in nature. The accused persons are not said to have slated the informant in the name of her caste in public view rather at the door of the informant. The appellant is on police bail in the earlier case filed by the informant. Informant is in habit of lodging case against the appellant with ulterior motive in order to harass him. Appellant has been languishing in custody since 05.03.2019.

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Learned Spl. PP for the State opposed the prayer

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for bail.

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In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge cum Special Judge, West Champaran in connection with Sahodara P.S. Case No. 35 of

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Patna High Court CR. APP (SJ) No.1418 of 2019 dt.25-04-2019 3/3

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2018 with condition that the appellant will not extend any sort of threatening to the informant and put pressure upon her to get the case compromised in future else his bail bond shall stand cancelled.

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Accordingly, the impugned order is set aside and appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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mantreshwar/-

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AFR/NAFR	N.A.F.R.
CAV DATE	N.A.
Uploading Date	26.04.2019
Transmission Date	26.04.2019

Munna Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Munna Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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