Allowed

Munna @ Military @ Istaque Ahmad v. The State of Bihar

Patna HC14 Nov 2019CR. APP (SJ)/4239/2019

Case brief

AI extract

What is this about?

Criminal Appeal against refusal of bail in a caste-based assault case under the SC/ST Act and IPC. Appellants claimed false implication due to land dispute. High Court set aside refusal and enlarged appellants on bail with bond and sureties.

What did the court decide?

Impugned order set aside; appellants enlarged on bail on furnishing bond of Rs. 10,000/- each with two sureties of the like amount.

Munna @ Military @ Istaque Ahmad 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.4239 of 2019

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Arising Out of PS. Case No.-209 Year-2019 Thana- PATEPUR District- Vaishali

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

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1. MUNNA @ MILITARY @ ISTAQUE AHMAD Son of Late Md. Habib Resident of Village - Dadhua, P.S.- Patepur, Dist.- Vaishali at Hajipur.

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Md. Irshad @ Tamanna Son of Late Md. Habib Resident of Village - Dadhua, P.S.- Patepur, Dist.- Vaishali at Hajipur.

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Md. Irshad Son of Late Md. Idrish Resident of Village - Dadhua, P.S.Patepur, Dist.- Vaishali at Hajipur.

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... ... Appellants.

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Versus The State of Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sachin Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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... ... Respondent/s

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ORAL ORDER

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4 14-11-2019 Heard learned counsel for the appellants, learned counsel for the informant 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 bail vide order dated 05.09.2019 passed by learned 1^st Additional Sessions Judge cum Special Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No.209 of 2019 registered under Sections 341, 323, 435, 504, 354 & 147 of the Indian Penal Code and Section 3(1) (r) (s) (w) of the

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Patna High Court CR. APP (SJ) No.4239 of 2019(4) dt.14-11-2019 2/3

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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While the informant was sleeping in her house 8 named accused persons including the appellants and 15-20 unknown miscreants started dismantling her house by the JCB machine and on protest made by the informant they assaulted and slated her. They also assaulted and slated her 'Gotani' who rushed in her rescue and on the exhortation of Md. Mustaque and Md. Munna other accused persons torched her house which was doused by Fire Brigade.

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It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to land dispute. There is case and counter case between the parties. Earlier to the case under hand, co-accused Md. Mustaque has given informatory petition against the husband of the informant over taking illegal possession of his land and extending threatening. Title Suit No.1438 of 2017 is pending between Md. Mustaque and the husband of the informant. By filing photograph by supplementary affidavit, learned counsel for the appellants further submitted that the informant has herself torched bamboo and straw etc. of her hut to create evidence against the appellants in

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Patna High Court CR. APP (SJ) No.4239 of 2019(4) dt.14-11-2019 3/3

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the case. Moreover, the F.I.R. has been lodged under Section 435 IPC. Appellants have no criminal antecedent and have been languishing in custody since 30.08.2019.

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Per contra, learned counsel for the informant and learned Spl. PP for the State vehemently opposing the prayer for bail submitted that appellants have assaulted and slated the informant in the name of her caste and also torched her house. Hence, they do not deserve bail.

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In the facts and circumstances of the case, the above named appellants are directed to 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, Vaishali at Hajipur in connection with Patepur P.S. Case No.209 of 2019 .

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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

Munna @ Military @ Istaque Ahmad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Munna @ Military @ Istaque Ahmad v. The State of Bihar

Case brief

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What did the court decide?

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