Allowed

Ramakant Upadhyay v. the State of Bihar and Anr.

Patna HC26 Jul 2019CR. APP (SJ)/507/2019

Case brief

AI extract

What is this about?

This is an appeal against the refusal of anticipatory bail. The High Court held that the appellant had no criminal antecedent and no specific allegation of assault against him, ruling that no offence under the SC/ST Act was made out against him. The appeal was allowed, and bail granted subject to conditions.

What did the court decide?

Released on bail in the event of arrest or surrender within six weeks by furnishing bond of Rs. 10,000/- with two sureties.

Ramakant Upadhyay Vs the State of Bihar and Anr. — Caste Atrocities | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.507 of 2019

¶2

Arising Out of PS. Case No.-175 Year-2018 Thana- RAJPUR District- Buxar

¶3

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

¶4

Ramakant Upadhyay Son of Late Haridwar Upadhyay R/o- VillageBharkhara, P.S.- Rajpur, District- Buxar

¶5

... ... Appellant/s

¶6

Versus

¶7

The State Of Bihar

¶8

Rina Devi W/o- Hareram Dhobi R/o- Village- Bharkhara, P.S.- Rajpur, District- Buxar.

¶9

... ... Respondent/s

¶10

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

¶11

ORAL ORDER

¶12

7 26-07-2019

¶13

Heard learned counsel for the appellant and learned Spl. PP for the State.

¶14

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 26.11.2018 passed by learned 1^st Addl. Sessions Judge cum Spl. Judge, SC/ST Act, Buxar in Rajpur P.S. Case No. 175 of 2018 registered under Sections 341, 323, 354, 379, 509/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

¶15

Seven named accused persons including the

¶16

Patna High Court CR. APP (SJ) No.507 of 2019(7) dt.26-07-2019 2/3

¶17

appellant are said to have intruded into the house of the informant armed with weapons and misbehaved with her daughters, slated the informant and her daughters in the name of their caste and co-accused Murlidhar Upadhyay assaulted on the head of the informant by means of iron rod inflicting head injury to her.

¶18

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. As a matter of fact the informant had encroached public land which was removed by the Anchal Amin, but the informant again encroached the said land and on protest made by coaccused Vishwamitra Upadhyay, she slated and assaulted him and demanded extortion of Rs. 50,000/-. Regarding the said occurrence, said co-accused lodged Rajpur P.S. Case no. 293 of 2017 against the informant and due to filing of the aforesaid case, the informant has lodged this false and frivolous case against the said accused and the appellant maliciously. Allegation levelled against the appellant is not specific rather general and omnibus in nature. There is no allegation of assault against the appellant. Slating the informant and her daughters is said to have been made inside the house of the informant and

¶19

not in the public view, hence, no offence

¶20

Patna High Court CR. APP (SJ) No.507 of 2019(7) dt.26-07-2019 3/3

¶21

under SC/ST Act is made out against the appellant. Appellant has no criminal antecedent.

¶22

Learned Spl. PP for the State opposed the prayer

¶23

for bail.

¶24

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned 1^st Addl. Sessions Judge cum Spl. Judge, SC/ST Act, Buxar in connection with Rajpur P.S. Case No. 175 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶25

Accordingly, the impugned order is set aside and appeal is allowed.

¶26

(Prakash Chandra Jaiswal, J)

¶27

rohit/-

¶28

U T

Ramakant Upadhyay v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Ramakant Upadhyay v. the State of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nandlal Ghosh @ Ranjan Kumar Raju @ Ranjan Kumar Singh Vs The State of Bihar

Raju Ansari @ Md. Saif Ali Vs The State of Bihar

Ram Narayan Sharma Vs The State of Bihar

Aman Kumar Jha Vs the State of Bihar

Anil Kumar @ Anil Kumar Sah Vs The State of Bihar

Parshuram Ram Vs The State of Bihar