Allowed

Ramdeo Yadav v. The State of Bihar

Patna HC23 Oct 2019CR. APP (SJ)/3862/2019

Case brief

AI extract

What is this about?

The High Court in Criminal Appeal No. 3862 of 2019 allowed an appeal against the refusal of anticipatory bail, setting aside the lower court's order and granting bail to the appellants under Section 438 Cr.P.C. for offenses under SC/ST Act and IPC.

What did the court decide?

Impugned order set aside; appellants granted bail on Rs. 10,000 bond with two sureties if surrendered/arrested within six weeks.

Ramdeo Yadav 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.3862 of 2019

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Arising Out of PS. Case No.-309 Year-2018 Thana- ALOULI District- Khagaria

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

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RAMDEO YADAV Son of Late Mahaveer Mandal @ Late Mahaveer Mahto Resident of Village - Sanjholi, P.S.- Alauli, District- Khagaria

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Fulendra Kumar Yadav @ Fulen Yadav Son of Late Mahaveer Mandal @ Late Mahaveer Mahto Resident of Village - Sanjholi, P.S.- Alauli, DistrictKhagaria

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Ramesh 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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3 23-10-2019 Heard learned counsel for the appellants and learned

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Spl. PP for the State.

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This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 23.07.2019 passed by learned 1^st Addl. Sessions Judge cum Special Judge, Khagaria in Alauli P.S. Case No. 309 of 2018 registered under Sections 147, 148, 323, 354 and 379/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(r)(s) of the SC/ST Act.

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Appellants arriving at the house of the informant in the night started dismantling her pig house and on protest made by the informant, they slated her. When her husband rushed

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Patna High Court CR. APP (SJ) No.3862 of 2019(3) dt.23-10-2019 2/3

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there responding hulla, they assaulted the informant and her husband by means of lathi and left the scene. Subsequently in the wee hours, appellants again descended at her house armed with three nut and resorted firing upon her husband but he left unhurt. They also misbehaved with her and Fulen Yadav stripped off her attire while Ramdeo Yadav and Fulen Yadav snatched her silver ornaments.

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It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. As a matter of fact, informant has constructed pig house on the passage of the appellants and on protest made by the appellants and asking her for its removal, informant has lodged this case with altogether wrong and concocted allegation against the appellants to harass them and to mount pressure upon them. The allegation levelled against the appellants is not specific rather general and omnibus in nature. None has sustained injury in the occurrence. There is no allegation of slating the informant in the name of her caste against the appellants, hence no offence under SC/ST Act is made out against the appellants. Allegation of theft is super addition. There is delay of 3 days in filing the complaint petition without assigning any plausible explanation for the aforesaid delay.

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Patna High Court CR. APP (SJ) No.3862 of 2019(3) dt.23-10-2019 3/3

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Learned Spl. PP for the State opposed the prayer for

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bail.

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Having regard to the facts and circumstances of the case, 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 the learned 1^st Addl. Sessions Judge cum Special Judge, Khagaria in connection with Alaili P.S. Case No. 309 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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mantreshwar/-

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U T

Ramdeo Yadav v. The State of Bihar

Case brief

What is this about?

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Ramdeo Yadav v. The State of Bihar

Case brief

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