Allowed

Hari Narayan Singh v. the State of Bihar

Patna HC23 Jan 2023CR. APP (SJ)/1096/2022

Case brief

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What is this about?

The Patna High Court allowed an appeal under the SC/ST (POA) Act against the rejection of anticipatory bail, setting aside the impugned order and directing the lower court to grant bail upon furnishing of bonds, reasoning that a prima facie existing land dispute rendered the special act inapplicable prima facie.

What did the court decide?

Appellants directed to be released on anticipatory bail by furnishing bonds of Rs.10,000/- each with two sureties of the like amount.

Hari Narayan Singh Vs the State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1096 of 2022

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Arising Out of PS. Case No.-22 Year-2020 Thana- SC/ST District- Saran

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

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HARI NARAYAN SINGH S/o Late Shatrohan Singh R/o Village - Dumri Bujurg, P.S.- Nayagaon, District - Saran.

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Uday Kumar Singh S/o Late Mastana Singh R/o Village - Dumri Bujurg, P.S.- Nayagaon, District - Saran.

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR

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Bhagmati Devi W/o Ramdayal Ram R/o Village - Dumri Bujurg, P.S.Nayagaon, District - Saran.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Bishwajeet Singh For the Respondent/s : Ms. Rajani Kumari For the State : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 23-01-2023 The learned counsel for the appellants is directed to

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remove all the defects pointed out by the office within one month.

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Heard learned counsel for the appellants as well as the learned Special Public Prosecutor for the State.

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This appeal has been preferred on behalf of the appellants under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the order dated 04.03.2021 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST (POA)

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Patna High Court CR. APP (SJ) No.1096 of 2022(4) dt.23-01-2023 2/3

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Act Saran at Chapra registered for offence punishable under sections 379 and 406 of the Indian Penal Code and sections r/w 3(i) (r) (c) of the SC/ST (POA) Act, whereby the prayer for anticipatory bail of the appellants has been rejected.

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As per allegation, the appellants humiliated and intimidated the complainant by calling her caste name, when she went to her field. They also harvested the maize crop standing on that field.

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The learned counsel for the appellants has submitted that there is case and counter case and there is land dispute. The appellants had purchased the land in dispute from the recorded tenant whereas the complainant claims to have purchased it from the vendor of the recorded tenant. This was the dispute.

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On the other hand, the learned counsel for the informant has opposed the prayer for anticipatory bail.

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It appears that there is land dispute between the parties, as such, the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 does not attract prima facie.

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Considering the above-mentioned facts and circumstances, the appeal is allowed and the impugned order dated 04.03.2021 is set aside.

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Patna High Court CR. APP (SJ) No.1096 of 2022(4) dt.23-01-2023 3/3

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Accordingly, the appellants, in the event of arrest or surrender before the court below within four weeks from today, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act Saran at Chapra in connection with Saran SC/ST P.S. Case No. 22 of 2020.

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Office shall ensure that all defects are removed by the appellants within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

Hari Narayan Singh v. the State of Bihar

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Hari Narayan Singh v. the State of Bihar

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