Allowed

Lalan Rai v. The State of Bihar

Patna HC27 Jun 2023CR. APP (SJ)/2773/2022

Case brief

AI extract

What is this about?

The High Court allowed the appeal against the refusal of anticipatory bail. It set aside the lower court order and granted bail to the appellants under the SC/ST Act upon surrendering within six weeks, subject to conditions including furnishing a bond and meeting Section 438(2) requirements.

What did the court decide?

Refusal of anticipatory bail order set aside; appellants released on anticipatory bail upon surrender within six weeks with Rs. 5,000 bond and two sureties.

Lalan Rai 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.2773 of 2022

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Arising Out of PS. Case No.-50 Year-2020 Thana- RAJAPAKAR District- Vaishali

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

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LALAN RAI S/O BHULAN RAI R/o village- Pachai Mahesh, P.S.Rajapakar District- Vaishali.

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NITYANAND RAI S/O BHULAN RAI R/o village- Pachai Mahesh, P.S.Rajapakar District- Vaishali.

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BHULAN RAI S/O LATE LAXMI RAI R/o village- Pachai Mahesh, P.S.Rajapakar District- Vaishali.

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RABINDRA RAI S/O KUSHESHWAR RAI R/o village- Pachai Mahesh, P.S.- Rajapakar District- Vaishali.

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KRISH NANDAN RAI S/O RAVINDRA RAI R/o village- Pachai Mahesh, P.S.- Rajapakar District- Vaishali.

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DHARKAN SAH @ DHARKHAN JHA S/O GENALAL JHA R/o villagePokhraira, P.S.- Rajapakar District- Vaishali.

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PAPPU JHA S/O KAMAL JHA R/o village- Pokhraira, P.S.- Rajapakar District- Vaishali.

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... ... Appellant/s

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Versus

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The State of Bihar

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URMILA DEVI W/O LATE SHIVJI CHOUDHARY Resident of VillagePokhraira, P.S.- Rajapakar, District- Vaishali.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Special P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

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2 27-06-2023 Heard learned counsel for the appellants and learned

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Spl. P.P. for the State.

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No one appears on behalf of the respondent.

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This is an appeal under Section 14-A(2) of the

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

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Patna High Court CR. APP (SJ) No.2773 of 2022(2) dt.27-06-2023 2/4

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Act”) against the refusal of prayer for anticipatory bail vide order dated 01.07.2022 in A.B.P. No. 1921 of 2022 passed by the learned Special Judge S.C./S.T. (POA) Act, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 50 of 2022 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 354, 379, 427, 504 and 506 of the Indian Penal Code as well as Sections 3(1)(r)(s) of the SC/ST Act.

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Learned counsel for the appellants submits that appellants are persons with clean antecedent and the informant alleges that while she was taking out Tori at her door when the accused persons including the appellants came and started abusing her by using her caste name and when her son and daughter-in-law came, it is alleged that the accused persons including the appellants assaulted her son and pressed his neck by Gamchha with an intention to kill, while Bhullan Rai, Pappu Jha and Rabindra Rai assaulted her daughter-in-law and misbehaved with her and took her golden chain worth Rs. 50,000/- and Dharkan Jha threw bricks and stone on the motorcycle and Pappu Jha entered in the house and took away Rs. 57,000/-

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Learned counsel for the appellants submits that the appellants have been falsely implicated in the present case, it is

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Patna High Court CR. APP (SJ) No.2773 of 2022(2) dt.27-06-2023 3/4

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next submitted that from bare perusal of the allegations as alleged in the F.I.R., it would manifest that the entire occurrence took place at the doors of the informant and as such was not in public view. It is further submitted that merely taking caste name does not attract the offence under SC/ST Act, further the allegation of assault is also not specific and as far as allegation of taking away Rs. 57,000/- from the house is alleged, the said allegation is also ornamental in nature.

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Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellants.

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In view of the submissions made by the learned counsel for the appellants, order dated 01.07.2022 in A.B.P. No. 1921 of 2022 passed by the learned Special Judge S.C./S.T. (POA) Act, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 50 of 2022 is hereby set aside and the appellants above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajapakar P.S. Case No. 50 of 2022 subject to the conditions as

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Patna High Court CR. APP (SJ) No.2773 of 2022(2) dt.27-06-2023 4/4

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

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Accordingly, the appeal stands allowed.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Lalan Rai v. The State of Bihar

Case brief

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Lalan Rai v. The State of Bihar

Case brief

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