Allowed

Pappu Singh v. The State of Bihar

Patna HC18 Nov 2019CR. APP (SJ)/3965/2019

Case brief

AI extract

What is this about?

In appeal against refusal of anticipatory bail under SC/ST Act, High Court reinstated bail granted by Trial Court set aside impugned order allowing appellants bail with bond and sureties subject to CrPC conditions.

What did the court decide?

Impugned order setting aside order dated 13.08.2019; appellants enlarged on bail furnishing bond of Rs. 10,000 each with two sureties of like amount subject to Section 438(2) CrPC.

Pappu Singh 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.3965 of 2019

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Arising Out of PS. Case No.-25 Year-2019 Thana- SC/ST District- Siwan

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

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PAPPU SINGH Son of Shivji Singh Resident of Village - Laxmipur, P.S.Siwan Town, District- Siwan

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Amita Singh Wife of Pappu Singh Resident of Village - Laxmipur, P.S.Siwan Town, District- Siwan

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Navin Singh Son of Pappu Singh Resident of Village - Laxmipur, P.S.Siwan Town, District- Siwan

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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

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ORAL ORDER

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3 18-11-2019 Heard learned counsel for the appellants and learned 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 in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 13.08.2019 passed by learned 1^st Additional Sessions Judge cum Special Judge, Siwan in connection with Siwan Sadar SC/ST P.S. Case No. 25/2019 registered under Sections 341, 323, 324, 354B, 379, 504, 506/34 of the Indian Penal Code and Section 3(i) (r) (2) (Va) of the Scheduled Castes

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Patna High Court CR. APP (SJ) No.3965 of 2019(3) dt.18-11-2019 2/3

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and Scheduled Tribes (Prevention of Atrocities) Act.

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On refusal to take cigarette by the nephew of the informant offered by the appellant Navin Singh said Navin Singh slapped him. On protest made by the informant, appellant Pappu Singh arrived there and tore her attire and assaulted on her right wrist by means of knife while Navin Singh snatched her ornaments. When her son rushed in her rescue Pappu Singh shoved him on the ground and when his gotni Sumitra Devi rushed in her rescue Amita Singh shoved her on the ground and snatched her 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, appellant Pappu Singh has lodged Siwan Town P.S. Case No.435 of 2019 against the husband of the informant and others preceding to case under hand and in order to save skin from the aforesaid case, informant has lodged this false and frivolous case against the appellants. There is delay of three days in lodging the case without assigning any plausible explanation for the said delay. Injury sustained by the victims are simple in nature. Allegation of theft is super addition. Appellants have no criminal antecedent.

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Learned Spl. PP for the State opposed the prayer for

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Patna High Court CR. APP (SJ) No.3965 of 2019(3) dt.18-11-2019 3/3

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bail.

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In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Judge cum Special Judge, Siwan in connection with Siwan Sadar SC/ST P.S. Case No. 25/2019, 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 this appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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amit/-

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U T

Pappu Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pappu Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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