Allowed

Dasarath Kurmi @ Dasarath Choudhary v. The State of Bihar

Patna HC1 Nov 2021CR. APP (SJ)/1092/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed the appeal, setting aside the lower court order that rejected anticipatory bail. It held the allegations suggested the case was a counter-blast to a prior false case lodged by the appellants due to a delay in FIR registration. The appellants were directed to be released on bail upon surrender with a bond and sureties.

What did the court decide?

Impugned order rejecting anticipatory bail set aside. Appellants directed to be released on bail on furnishing bond of Rs. 10,000 and sureties of like amount within four weeks.

Dasarath Kurmi @ Dasarath Choudhary Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1092 of 2021

¶2

Arising Out of PS. Case No.-84 Year-2019 Thana- SC/ST District- Rohtas

¶3

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

¶4

DASARATH KURMI @ DASARATH CHOUDHARY S/o Radhe Kishun R/o village- Siywank, P.S.- Bhaghaila, District- Rohtas (Bihar)

¶5

Suman Kurmi @ Suman Kumar S/o Dashrath Kurmi R/o village- Siywank, P.S.- Bhaghaila, District- Rohtas (Bihar)

¶6

Sudhir Kurmi @ Sudhir Kumar S/o Dasrath Kurmi R/o village- Siywank, P.S.- Bhaghaila, District- Rohtas (Bihar)

¶7

Kamat Koiri @ Anil Singh S/o Sighashan R/o village- Siywank, P.S.Bhaghaila, District- Rohtas (Bihar)

¶8

Jitendra Mahto @ Birendra Kumar S/o Sighashan R/o village- Siywank, P.S.- Bhaghaila, District- Rohtas (Bihar)

¶9

Rajesh Koiri @ Rajesh Kumar S/o Shri Nivash R/o village- Siywank, P.S.Bhaghaila, District- Rohtas (Bihar)

¶10

Kalendra Koiri @ Dharmendra Kumar S/o Shri Nivash R/o villageSiywank, P.S.- Bhaghaila, District- Rohtas (Bihar)

¶11

Banarashi Koiri @ Banarasi Singh S/o Late Nageshwar Singh R/o villageSiywank, P.S.- Bhaghaila, District- Rohtas (Bihar)

... ... Appellants

Versus

The State of Bihar

... ... Respondent

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

¶17

Appearance : For the Appellant/s : Mr.Rajesh Kumar Singh, Adv For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P.

¶18

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

¶19

ORAL ORDER

¶20

2 01-11-2021 Heard learned counsel for the appellants as well as

¶21

learned Spl.P.P. for the State.

¶22

Learned counsel for the appellants is directed to remove all the defects pointed out by the Stamp Reporter within one month.

¶23

This appeal has been preferred on behalf of the

¶24

Patna High Court CR. APP (SJ) No.1092 of 2021(2) dt.01-11-2021 2/4

¶25

appellants under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 1.7.2020 passed by the learned 1^st Additional District & Sessions Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 84 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 354(b), 504, 506, 34 of the Indian Penal Code & Section 3(2)(va) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants has been rejected.

¶26

As per allegation, the accused persons were forcibly fixing the electric pole on the door of the informant. On protest, the accused persons assaulted the husband of the informant and also snatched rupees five thousand. They also assaulted the informant and torn her blouse. They abused the informant by calling her caste name.

¶27

Learned counsel for the appellants has submitted that the occurrence is alleged to have taken place on 13.10.2019, but the FIR was lodged after 41 days i.e. on 24.11.2019. By drawing my attention towards Annexure-2 which is the xerox copy of FIR of Bhaghaila P.S. Case No. 51 of 2019, learned counsel has further submitted that on 13.10.2019 the husband of the

¶28

Patna High Court CR. APP (SJ) No.1092 of 2021(2) dt.01-11-2021 3/4

¶29

informant in drunken condition committed hungama and was arrested on the same day under Section 37(6)(c) of Bihar Prohibition and Excise Act, 2018. As the appellants were protesting the nuisance created by the husband of the informant, it was the reason that after 41 days this false case has been lodged.

¶30

It is evident from perusal of the record that prior to the alleged occurrence the husband of the informant was arrested for consumption of liquor and making hungama . That case was lodged at the behest of the appellants which appears to be reason that they have been falsely implicated.

¶31

Considering the above-mentioned facts and circumstances, the present occurrence appears to be a counter blast of the earlier case of Bhaghaila P.S. Case No. 51 of 2019.

¶32

In these circumstances, the appeal is allowed and the impugned order dated 1.7.2020 passed by the learned 1^st Additional District & Sessions Judge, Rohtas at Sasaram is set aside.

¶33

Accordingly, in the event of arrest or surrender within four weeks from today, the appellants above-named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

¶34

Patna High Court CR. APP (SJ) No.1092 of 2021(2) dt.01-11-2021 4/4

¶35

amount each to the satisfaction of learned 1^st Additional District & Sessions Judge, Rohtas at Sasaram in connection with Dehri SC/ST P.S. Case No. 84 of 2019.

¶36

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-2 hereinabove, failing which the matter shall be brought to the notice of this Court.

¶37

(Nawneet Kumar Pandey , J)

¶38

SONALI/-

¶39

U T

Dasarath Kurmi @ Dasarath Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dasarath Kurmi @ Dasarath Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vikash Kumar @ Vivek Kumar Vs the State of Bihar

Raghunath Mahto Vs The State of Bihar

Shyam Bihari @ Shyam Bihari Singh Vs the State of Bihar

Praveen Kumar Vs the State of Bihar

Dhiraj Sharma @Dhiraj Kumar Vs the State of Bihar

Arun Yadav @ Arun Kumar Yadav Vs The State of Bihar