Allowed

Sikandar Thakur v. The State Of Bihar

Patna HC22 Aug 2024CR. APP (SJ)/2959/2024

Case brief

AI extract

What is this about?

Appeal under Section 14-A(2) SC/ST Act against refusal of anticipatory bail in a case alleging caste abuse and IPC offences. Finding the allegations general and omnibus, the High Court set aside the Special Judge's order and granted anticipatory bail to all appellants.

What did the court decide?

Anticipatory bail granted on furnishing bonds of Rs.10,000 with two sureties each; order refusing bail set aside.

Sikandar Thakur Vs The State Of Bihar — Caste Atrocities | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2959 of 2024

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Arising Out of PS. Case No.-14 Year-2024 Thana- RAMGARHWA District- East Champaran

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

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Sikandar Thakur Son of Rajendra Thakur R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran

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Mahindra Thakur Son of Rajendra Thakur R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran

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Rudal Mahto Son of Rambachan Mahto R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran

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Upendra Mahto Son of Bhagwan Mahto R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran

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Lalan Thakur @ Lalan Sharma Son of Kewal Thakur R/O Vill.- Amodei, P.S.- Ramgarhwa, Dist.- East Champaran

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Radhika Devi Wife of Murari Mahto R/O Vill.- Amodei, P.S.- Ramgarhwa, Dist.- East Champaran

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Gayatri Devi Wife of Nagendra Thakur R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran

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Hirawati Devi Wife of Sikandar Mahto R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran

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Indu Devi Wife of Mahendra Thakur R/O Vill.- Amodei, P.S.- Ramgarhwa, Dist.- East Champaran

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Dhanmati Devi @ Panamati Devi Wife of Gorakh Thakur R/O Vill.Amodei, P.S.- Ramgarhwa, Dist.- East Champaran

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Shanti Devi Wife of Bhagawan Mahto R/O Vill.- Amodei, P.S.- Ramgarhwa, Dist.- East Champaran

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Laxmi Devi Wife of Awadh Kishore Mahto R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran

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Thago Devi Wife of Mohan Mahto R/O Vill.- Amodei, P.S.- Ramgarhwa, Dist.- East Champaran

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Rukshana Khatun Wife of Amirullah Miyan R/O Vill.- Amodei, P.S.Ramgarhwa, Dist.- East Champaran ... ... Appellant/s

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Versus

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The State Of Bihar 2. Raj Dev Ram Son of Chirkut Ram R/O Vill.- Dubwaliya Ramgarhawa, P.S.Ramgarhwa, Dist.- East Champaran ... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Dhannjay Kumar Ii, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. P.P. ======================================================

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Patna High Court CR. APP (SJ) No.2959 of 2024(3) dt.22-08-2024 2/4

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 22-08-2024

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Heard learned counsel for the appellants, learned Spl.

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P.P., Ms. Usha Kumari 1 for the State and the learned counsel appearing on behalf of the respondent no. 2.

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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 referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 22.04.2024 in A.B.P. No. 794 of 2024 passed by the learned Special Judge S.C./S.T. (POA) Act, East Champaran, Motihari in connection with Ramgrahwa P.S. Case No. 14 of 2024 registered for the offences punishable under Sections 341, 323, 386, 143, 504 and 506 of the Indian Penal Code as well as Sections 3(1) rs/(x) of the SC/ST Act.

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Learned counsel for the appellants submits that appellant nos. 3 to 14 are persons with clean antecedent and appellant nos. 1 and 2 have antecedent of one case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that a general and omnibus allegation has been alleged against the accused persons including the appellants that they abused the informant by taking caste name. It is also submitted that hurling abuse is general and omnibus in

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Patna High Court CR. APP (SJ) No.2959 of 2024(3) dt.22-08-2024 3/4

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nature.

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It is further submitted that the FIR does not even remotely suggest that the abuse was heard by any independent witnesses, as such, in nature of allegation, prima facie , no offence under the SC/ST Act is made out.

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The learned Special P.P. for the State and the learned counsel appearing on behalf of the respondent no. 2 oppose the appeal, but then, are not in a position to rebut the submissions of the learned counsel appearing on behalf of the appellants that the allegation of hurling abuse is general and omnibus in nature.

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In view of the submissions made by the learned counsel for the appellants, the order dated 22.04.2024 in A.B.P. No. 794 of 2024 passed by the learned Special Judge S.C./S.T. (POA) Act, East Champaran, Motihari in connection with Ramgrahwa P.S. Case No. 14 of 2024 registered for the offences punishable under Sections 341, 323, 386, 143, 504 and 506 of the Indian Penal Code as well as Sections 3(1) rs/ (x) of the SC/ST Act in connection with Ramgrahwa P.S. Case No. 14 of 2024, is hereby set aside and the appellants abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today,

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Patna High Court CR. APP (SJ) No.2959 of 2024(3) dt.22-08-2024 4/4

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be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Ramgarhwa P.S. Case No. 14 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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7. Accordingly the appeal stands allowed.

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(Satyavrat Verma, J)

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kiran/-

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U T

Sikandar Thakur v. The State Of Bihar

Case brief

What is this about?

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Sikandar Thakur v. The State Of Bihar

Case brief

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What did the court decide?

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