Allowed

Pramod Singh v. The State of Bihar

Patna HC9 Aug 2023CR. APP (SJ)/277/2023

Case brief

AI extract

What is this about?

The High Court allowed the appeal under the SC/ST Act against refusal of anticipatory bail. It granted bail to the appellant upon arrest or surrender within six weeks, subject to bond and surety conditions under Cr.P.C. Section 438(2).

What did the court decide?

Appellant granted anticipatory bail upon arrest or surrender within six weeks, subject to furnishing bond of Rs. 25,000 and two sureties.

Pramod Singh Vs The State of Bihar — Criminal Trial and Appeal | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.277 of 2023

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Arising Out of PS. Case No.-38 Year-2022 Thana- RISIYAP District- Aurangabad

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Pramod Singh S/O Satyanarayan Singh R/O Village- Matihani, P.S.- Risiup, Distt- Aurangabad.

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... ... Appellant/s

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Versus

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The State of Bihar

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Malti Devi W/o Birendra Paswan R/o Village- Matihani, P.S.- Risiup, DisttAurangabad.

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Ashok Kumar Singh For the Respondent/s : Ms. Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 09-08-2023

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Heard learned counsel for the appellant and learned

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Special Public Prosecutor for the State.

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Learned Spl. PP for the State, in compliance of order dated 19.07.2023, informed the informant/complainant. Nobody appeared on behalf of the informant/complainant.

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This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 15.12.2022 passed by learned 1^st Additional District & Session Judge-cum-Special Judge, SC/ST, Aurangabad, in connection with Risiup P.S. Case No. 38 of

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Patna High Court CR. APP (SJ) No.277 of 2023(4) dt.09-08-2023 2/3

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2022 registered under Sections 341, 323, 379, 504, 308, 354, 34 of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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The informant alleged that when she demanded wages for work rendered in field of Umashankar and Murari, they refused to make payment and abused and assaulted her with lathi causing injury on waist and when her nephew came to save her, they assaulted him by an iron rod causing injury on his head and face, thereafter, her son and family members came to save them then the accused persons including the appellant came and abused by taking caste name and assaulted her.

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Learned counsel for the appellant submits that the appellant has not concern with the aforesaid occurrence. There is no allegation of slating the informant in the specific name of his caste, hence, no offence under Section SC/ST Act is made out against the appellant. There is no specific overt act against the appellant. There is specific allegation against co-accused Umashankar and Murari. Similarly situated co-accused have been enlarged on bail by co-ordinate bench of this Court vide order dated 11.07.2023 passed in Cr. Appeal (SJ) No. 4199 of 2022. Appellant has got no antecedent as mentioned in para-3 of

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Patna High Court CR. APP (SJ) No.277 of 2023(4) dt.09-08-2023 3/3

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memo of the appeal.

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Learned Spl. PP for the State opposes payer for anticipatory bail.

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Considering the facts and circumstances of the case, let 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 learned 1^st Additional District & Session Judge-cum-Special Judge, SC/ST, Aurangabad, in connection with Risiup P.S. Case No. 38 of 2022, subject to 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 appeal is allowed.

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(Anjani Kumar Sharan, J)

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anand/- U T

Pramod Singh v. The State of Bihar

Case brief

What is this about?

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Pramod Singh v. The State of Bihar

Case brief

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