Allowed

Chandrajit Sah @ Chandrajit Kumar v. The State of Bihar

Patna HC23 Sept 2021CR. APP (SJ)/2639/2021

Case brief

AI extract

What is this about?

Criminal Appeal against rejection of anticipatory bail. The High Court allowed the appeal, set aside the lower court's rejection order, and granted anticipatory bail to the accused on personal bond pending physical bonds.

What did the court decide?

Impugned order setting anticipatory bail rejected set aside; Anticipatory bail granted on personal bond; Direction to furnish bonds of Rs. 10,000 with sureties within eight weeks.

Chandrajit Sah @ Chandrajit Kumar Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2639 of 2021

¶2

Arising Out of PS. Case No.-266 Year-2020 Thana- LALGANJ District- Vaishali

¶3

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

¶4

CHANDRAJIT SAH @ CHANDRAJIT KUMAR S/O PONCHU SAH R/o village- Belka, P.S.- Vaishali, Distt.- Vaishali

¶5

... ... Appellant/s

¶6

Versus

¶7

The State of Bihar

¶8

Annu Kumari D/o Sakaldip Paswan R/o village- Khajauli, P.S.- Lalganj, Distt.- Vaishali

¶9

... ... Respondent/s

¶10

====================================================== Appearance : For the Appellant/s : Mr.Anil Kumar For the Respondent/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶11

2 23-09-2021

¶12

Heard learned counsel for the appellant and the State through virtual mode.

¶13

Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

¶14

The appellant has challenged the order dated 07-04-2021 passed by learned Ist Additional Sessions Judge-cum-Special Judge, SC/ST Act, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 266 of 2020 registered for the offences under Sections-341, 323, 498(A), 313, 376, 504, 506 of the Indian Penal Code and Sections3(i)(r)(w)(i), 3(2)(v) of SC & ST (Prevention of Atrocities) Act whereby the prayer made on behalf of the appellant for grant of anticipatory bail has been rejected.

¶15

Patna High Court CR. APP (SJ) No.2639 of 2021(2) dt.23-09-2021 2/3

¶16

Prosecution allegation in short is that the appellant solemnized marriage with the informant and established physical relationship. It is alleged that the appellant and other family members use to call her caste name and they want to leave her.

¶17

It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case due to petty family dispute. The appellant is alleged to be husband of the victim/informant. The appellant denies the marriage. As per allegation, physical relationship was also established. It has been submitted on behalf of the appellant that it is a malacious prosecution for oblique reasons. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

¶18

On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.

¶19

Considering the aforesaid facts and circumstances, this Court is inclined to set aside the order dated 07-04-2021 passed by learned Ist Additional Sessions Judge-cum-Special Judge, SC/ST Act, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 266 of 2020 by which the anticipatory bail of the appellant was rejected.

¶20

Accordingly, the order dated 07-04-2021 passed by learned Ist Additional Sessions Judge-cum-Special Judge, SC/ST Act, Vaishali

¶21

Patna High Court CR. APP (SJ) No.2639 of 2021(2) dt.23-09-2021 3/3

¶22

at Hajipur in connection with Lalganj P.S. Case No. 266 of 2020 is set aside. The present Criminal Appeal is allowed .

¶23

Let the appellant, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Ist Additional Sessions Judge-cum-Special Judge, SC/ST Act, Vaishali at Hajipur in Lalganj P.S. Case No. 266 of 2020.

¶24

Once the normalcy is restored, the appellant shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

¶25

(Sudhir Singh, J)

¶26

A.K.V.//-

¶27

U T

Chandrajit Sah @ Chandrajit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandrajit Sah @ Chandrajit Kumar 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Vijay Singh @ Rambijay Singh Vs The State of Bihar

Lalan Kumar and Ors. Vs The State Of Bihar and Ors.

Aruna Devi Vs The State of Bihar

Pawan Kumar Vs The State of Bihar

Rakesh Kumar Singh Vs The State Of Bihar and Ors.

Deepak Kumar Mishra Vs The State of Bihar