Allowed

Jageshwar Singh v. The State of Bihar

Patna HC27 Sept 2019CR. APP (SJ)/4042/2019

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the refusal of anticipatory bail. The court set aside the lower court's order and granted bail subject to conditions, citing delay in FIR and the appellant being an accused in a related case as key factors.

What did the court decide?

Impugned order of refusal of anticipatory bail set aside. Appellant released on bail on furnishing bond of Rs. 10,000 with two sureties.

Jageshwar 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.4042 of 2019

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Arising Out of PS. Case No.-27 Year-2019 Thana- SC/ST District- Purnia

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

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JAGESHWAR SINGH Son of Nanki Lal Singh Resident of Village - Maharajpur, P.S.- Sadar (Muffasil), District- Purnea

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ram Prawesh Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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2 27-09-2019 Heard learned counsel for the appellant 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 16.08.2019 passed by learned 1^st Additional Sessions Judge cum Special Judge SC/ST Act, Purnea in connection with SC/ST Case No.27 of 2019 registered under Sections 354 B & 120B/34 of the Indian Penal Code and Section 3(1) (r) (s) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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While the informant was cutting grass on culvert

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Patna High Court CR. APP (SJ) No.4042 of 2019(2) dt.27-09-2019 2/3

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appellant arrived there and tried to outrage her modesty by taking her in the maize field, shoving her on the ground and stripping off her attire. He also slated her in the name of caste. However, on alarm made by the informant, Ashok Singh, Yogendra Singh, Binod Singh and Ravindra Singh arrived there and taking favour of the appellant slated her in the name of caste and also extended threatening.

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It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case. As a matter of fact, one Manju Devi has filed a case against Laxmi Singh and others bearing SC/ST Case No.91 of 2017 in which appellant is one of the witnesses in the case and a Title Suit No.11 of 2016 is also pending between the appellant and the said Laxmi Singh and due to aforesaid reason the said Laxmi Singh setting the husband of the informant, who happens to be his bataidar got this case lodged with altogether false and concocted allegation. There is inordinate and abnormal delay of six months in lodging the F.I.R. without assigning any plausible explanation for the said delay, which creates serious doubt about the prosecution case. Appellant has no criminal antecedent.

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Learned Spl. PP for the State opposed the prayer

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Patna High Court CR. APP (SJ) No.4042 of 2019(2) dt.27-09-2019 3/3

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for bail.

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In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions Judge cum Special Judge SC/ST Act, Purnea in connection with SC/ST Case No.27 of 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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Trivedi/-

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U T

Jageshwar Singh v. The State of Bihar

Case brief

What is this about?

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Jageshwar Singh v. The State of Bihar

Case brief

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