Allowed

Ruchi Kumar @ Suraj Kumar @ Suraj Kumar Chaurasiya v. The State of Bihar

Patna HC9 Dec 2020CR. APP (SJ)/1740/2020

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the rejection of an anticipatory bail petition. The Court directed the release of the appellant on bail with a fine of Rs. 25,000 and two sureties, setting aside the lower court's order dated 26.02.2020 in connection with an FIR involving caste-related offences.

What did the court decide?

The appellant be released on bail with a bond of Rs. 25,000 and two sureties of like amount; the order dated 26.02.2020 set aside; appeal allowed.

Ruchi Kumar @ Suraj Kumar @ Suraj Kumar Chaurasiya Vs The… — Caste Atrocities | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1740 of 2020

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Arising Out of PS. Case No.-270 Year-2019 Thana- MAJHAULIA District- West Champaran

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

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Ruchi Kumar @ Suraj Kumar @ Suraj Kumar Chaurasiya, aged about 23 years, Male, S/o Shivji Bhagat @ Bhim Barayee, Resident of VillageChailabhar, P.S.-Majhauliya, District-West Champaran.

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... ... Appellant/s

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Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sanjeev Kumar, Advocate For the State : Mr.Vinay Krishna, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 09-12-2020

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Heard the parties through the virtual court proceeding. Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect.

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Learned counsel for the petitioner undertakes to remove the defect within three weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.

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The appeal is against the order dated 26.02.2020 passed by learned 1st Additional and Sessions Judge-cumSpecial Judge (SC/ST/POCSO), Bettiah, West Champaran in A.B.P. No.3054 of 2019, whereby the Anticipatory Bail Petition of the appellant in connection with Majhauliya P.S. Case No.270 of 2019 dated 26.02.2020 for the offences punishable under

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Patna High Court CR. APP (SJ) No.1740 of 2020(2) dt.09-12-2020 2/3

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Sections 341, 323, 504, 506, 354, 427 and 34 of the Indian Penal Code and Sections 3 (i)(r), SC & ST (Prevension of Atrocities) (POA) Act, has been rejected.

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The prosecution case, in brief, is that on 07.06.2019 at 09.25 P.M., the informant gave a written repor to Majhauliya police stating that on 07.06.2019 at 07.00 A.M., while the informant along with his wife was sitting at his darwaza and getting his paddy milled, the accused person Manjit Singh came and started abusing the informant by taking his caste name the other accused persons also came with lathi, fattha and rod and started abusing and assaulting the informant. Upon hearing hulla, the informant’s son Mantosh Paswan came, he was also assaulted by the accused persons. The accused persons also the destroyed 30 K.G. rice. In the process of assault, the cloths of informant’s wife was torn.

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Learned counsel for the appellant submits that the appellant has not been named in the F.I.R. During course of investigation, the appellant has been made accused in this case. He further submits that the named F.I.R co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 13.11.2019 passed in Cr.Appeal (SJ) No.4529 of 2019. He further submits that the appellant has got no any criminal

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Patna High Court CR. APP (SJ) No.1740 of 2020(2) dt.09-12-2020 3/3

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antecedent mentioned in paragraph-3 of the bail petition.

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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.25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST/POCSO), Bettiah, West Champaran in connection with Majhauliya P.S. Case No.270 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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Accordingly, the order dated 26.02.2020 is set aside and appeal is allowed.

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(Anjani Kumar Sharan, J)

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Nasimul/-

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U T

Ruchi Kumar @ Suraj Kumar @ Suraj Kumar Chaurasiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ruchi Kumar @ Suraj Kumar @ Suraj Kumar Chaurasiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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