Allowed

Jitendra Kumar @ Jitendra Yadav v. The State of Bihar

Patna HC11 Jan 2023CR. APP (SJ)/1596/2022

Case brief

AI extract

What is this about?

This is a criminal appeal against a Special Judge's refusal of anticipatory bail in a Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act case involving allegations of insult and assault. The High Court set aside the refusal order and allowed the appeal, granting bail subject to conditions under Section 438(2) Cr.P.C. within six weeks.

What did the court decide?

Appeal against the refusal of anticipatory bail allowed; impugned order set aside; bail granted subject to bond of Rs. 25,000 with two sureties and conditions under Section 438(2) Cr.P.C. within six w

Jitendra Kumar @ Jitendra Yadav 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.1596 of 2022

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Arising Out of PS. Case No.-105 Year-2022 Thana- SAHPUR District- Patna

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JITENDRA KUMAR @ JITENDRA YADAV SON OF BACHCHU PRASAD YADAV @ BACHCHU YADAV R/O- VILL- USARI, P.S.SHAHPUR, DISTRICT- PATNA

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... ... Appellant/s

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Versus

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The State of Bihar

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MEERA DEVI WIFE OF VINOD DAS R/O- VILLAGE- USARI, P.S.SHAHPUR, DISTRICT- PATNA

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Kahkashan Alam, Adv. Mr. Kamlesh Kumar, Adv. For the Respondent/s : Mr.Sadanand Paswan, Spl.PP. Mr. Md. Murad Ashraf, Adv.

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 11-01-2023 Heard the parties.

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Learned counsel for the appellant undertakes to remove the defects within four weeks.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 22.04.2022 passed by learned Additional District and Sessions Judge III-cum-Special Judge (SC/ST Act), Patna in connection with Shahpur P.S. Case No. 105/2022 registered under Sections 341, 323, 354 (B), 506, 504, 34 of the Indian Penal Code and

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Patna High Court CR. APP (SJ) No.1596 of 2022(4) dt.11-01-2023 2/3

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Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Allegedly, appellant and other co-accused persons abused the informant by taking her caste name and assaulted her.

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It is submitted by learned counsel for the appellant that appellant is quite innocent and has committed no offence. He has no concern with the aforesaid occurrence. He has been falsely implicated in this case. The whole prosecution story is totally false, fabricated and concocted. There is general and omnibus allegation against the appellant. Appellant has three criminal antecedents as mentioned in para-3 of memo of appeal.

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Learned Spl. PP for the State opposed the prayer for bail.

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In the facts and circumstances of the case, since, from the perusal of FIR, it is not clear that appellant abused the appellant in public place or inside the house, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge III cum Special Judge (SC/ST Act), Patna in connection with Shahpur P.S Case No. 105/2022, subject to

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Patna High Court CR. APP (SJ) No.1596 of 2022(4) dt.11-01-2023 3/3

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the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and this

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appeal is allowed.

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(Anjani Kumar Sharan, J)

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divyanshi/-