Allowed

Nathuni Dubey v. The State of Bihar

Patna HC5 Jul 2019CR. APP (SJ)/1598/2019

Case brief

AI extract

What is this about?

The High Court allowed the appellants' appeal for pre-arrest bail in a case involving alleged caste-based assault and extortion over a land dispute. Relying on the existence of a bona fide land dispute and lack of specific allegations of assault against the appellants, the court granted bail subject to standard conditions under the Cr.P.C.

What did the court decide?

Release of appellants on bail in connection with Chanpatiya P.S. Case No. 505 of 2018 upon furnishing ₹10,000 bail bond with two sureties.

Nathuni Dubey Vs The State of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1598 of 2019

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Arising Out of PS. Case No.-505 Year-2018 Thana- CHANPATIA District- West Champaran

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

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Nathuni Dubey Son of Late Durga Dubey, R/O Village- Mithiya, P.S.Chanpatiya, District- West Champaran.

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Arvind Dubey Son of Nathuni Dubey R/O Village- Mithiya, P.S. Chanpatiya, District- West Champaran.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Bimlesh Kumar Pandey For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 05-07-2019

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Heard learned counsel for the appellants and learned Spl. P.P. for the State.

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The appellants seek pre-arrest bail in connection with Chanpatiya P.S. Case No. 505 of 2018 registered for the offence punishable under Sections 341, 323, 324, 447, 504/34 of the Indian Penal Code and Sections 3(i)(r)(ii), (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Over row of harvesting paddy crop of the informant by the appellants, the appellants slated the informant in the name of his caste and on the extortion made by them Shishu Kumar Dubey and Asharfi Sah assaulted him by means

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Patna High Court CR. APP (SJ) No.1598 of 2019(4) dt.05-07-2019 2/3

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of iron rod, Vikash Baitha by means of knife while other accused persons assaulted him by means of lathi.

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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 due to land dispute. The informant has not given description of the land in question in the fardbeyan. As a matter of fact, the father of the informant had sold out his land to the appellant no. 1 vide two sale deeds in the year 2005 and 2006 and the said land is the possession and cultivation of the appellants. Aforesaid sale deeds have not been assailed as yet by the informant. Proceeding under Section 144 Cr.P.C. initiated at the hand of the informant has been dropped finding bona fide land dispute between the parties. The informant has lodged this false and frivolous case maliciously against the appellants to mount pressure upon the appellants and to grab their property. There is no allegation of assault against the appellants, hence, they may be enlarged on bail.

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Per contra, learned counsel for the informant and 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 his caste in the public view, hence, anticipatory bail is barred by Section 18 of the SC/ST Act.

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Patna High Court CR. APP (SJ) No.1598 of 2019(4) dt.05-07-2019 3/3

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Having regard to the facts and circumstances of the case and serious land dispute between the parties, let the above named appellants 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 1^st Addl. Sessions Judge cum Special Judge, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 505 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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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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rohit/-

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U T

Nathuni Dubey v. The State of Bihar

Case brief

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Nathuni Dubey v. The State of Bihar

Case brief

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