Dismissed

Baijnath Darvey v. The State of Bihar

Patna HC11 Jul 2019CR. APP (SJ)/986/2019

Case brief

AI extract

What is this about?

This criminal appeal was filed challenging the refusal of anticipatory bail. The High Court rejected the appeal, declined to enlarge the appellants on bail, and ordered them to surrender for regular bail. The appeal was accordingly dismissed.

What did the court decide?

The prayer for anticipatory bail was rejected; the appeal was dismissed; appellants directed to surrender and seek regular bail within six weeks.

Baijnath Darvey 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.986 of 2019

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Arising Out of PS. Case No.-91 Year-2014 Thana- KATORIYA District- Banka

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

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BAIJNATH DARVEY S/o Ram Deo Darvey Resident of Village- Devasi (Tola Tulsi Mahto Dih), P.S.- Katoria, District- Banka.

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Poojan Darvey @ Shivpoojan Darvey S/o Basant Darvey Resident of Village- Devasi (Tola Tulsi Mahto Dih), P.S.- Katoria, District- Banka.

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Madan Darvey Bijay Darvey Resident of Village- Devasi (Tola Tulsi Mahto Dih), P.S.- Katoria, District- Banka.

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Mohan Darvey Son of Bijay Darvey Resident of Village- Devasi (Tola Tulsi Mahto Dih), P.S.- Katoria, District- Banka.

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Sikandar Darvey @ Sikundar Darvey S/o Ramdhan Darvey Resident of Village- Devasi (Tola Tulsi Mahto Dih), P.S.- Katoria, District- Banka.

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Ranjit Darvey S/o Chalo Darbey Resident of Village- Devasi (Tola Tulsi Mahto Dih), P.S.- Katoria, District- Banka.

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Pawan Darvey S/o Ramavatar Darvey Resident of Village- Devasi (Tola Tulsi Mahto Dih), P.S.- Katoria, District- Banka.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Shree Niwas 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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6 11-07-2019 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 referred to as the “SC/ST Act’) against the refusal of prayer for anticipatory bail vide order dated 17.1.2019 passed by learned 1^st Additional Sessions

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Patna High Court CR. APP (SJ) No.986 of 2019(6) dt.11-07-2019 2/3

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Judge, Banka in connection with Katoria P.S. Case No. 91 of 2014, registered under Sections 341, 323, 354,435, 379/34 of the Indian Penal Code but later on Section 3 (v) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was added by the I.O. during investigation and charge sheet.

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Appellants along with six other named accused persons are said to have slated the wife and sister of the informant in the name of their caste when they went to the handpump for fetching water and on protest made by his wife they slapped her. When they rushed to their house, the appellant started hurling stone resulting injury to the informant. They torched house of the informant and his uncle by sprinkling kerosene oil.

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It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. They have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. Allegation levelled against the appellants is not specific rather general and omnibus in nature. I.O. has not found any house burnt at the P.O. They have no criminal antecedent.

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Per contra, learned Spl. P.P. for the State opposing the

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Patna High Court CR. APP (SJ) No.986 of 2019(6) dt.11-07-2019 3/3

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prayer for bail submitted that appellants are said to have slated the wife and sister of the informant in the name of their caste and also assaulted his wife and torched the house of the informant and his uncle and finding prima face case cognizance has been taken against the appellants. Hence, they do not deserve bail.

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Considering the facts and circumstances of case, I am not inclined to enlarge the appellants on bail. The prayer for bail of the appellants is hereby rejected.

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However, the appellants are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below is directed to pass an appropriate order in accordance with law without being prejudiced by this order on the very date of surrender by the appellants.

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Accordingly, the present appeal is dismissed.

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(Prakash Chandra Jaiswal, J)

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T.Kr./-

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U T

Baijnath Darvey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baijnath Darvey v. The State of Bihar

Case brief

What is this about?

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