Allowed

Ravindra Yadav v. The State of Bihar

Patna HC25 Nov 2024CR. APP (SJ)/3229/2023

Case brief

AI extract

What is this about?

Appellants sought anticipatory bail in an FIR alleging armed assault on the informant's father and outrage of his wife's modesty, with SC/ST Act charges. The court noted a prior counter-FIR and simple injuries, and that cognizance was not taken under the SC/ST Act. It set aside the lower court's refusal order and granted anticipatory bail with conditions under Section 438(2) CrPC.

What did the court decide?

Appellants to be released on anticipatory bail on furnishing bail bond of Rs.10,000 each with two sureties of like amount, subject to Section 438(2) CrPC.

Ravindra Yadav 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.3229 of 2023

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Arising Out of PS. Case No.-342 Year-2022 Thana- TRIVENIGANJ District- Supaul

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

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RAVINDRA YADAV S/O VILJHAN YADAV R/O VILLAGE- LAHARNIA, P.S.- TRIVENIGANJ, DISTRICT- SUPAUL

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PRAMOD YADAV @ PRAMOD KUMAR YADAV S/O RAVINDRA YADAV R/O VILLAGE- LAHARNIA, P.S.- TRIVENIGANJ, DISTRICT- SUPAUL

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... ... Appellant/s

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Versus

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The State of Bihar BIHAR

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JAINANDAN PASWAN @ LALU PASWAN S/O NOT GIVEN R/O VILLAGE- LAHARNIA, P.S. TRIVENIGANJ, DISTRICT- SUPAUL

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Nafisuzzoha For the Respondent/s : Mr.Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 25-11-2024 1. Heard the parties.

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The appellants apprehend their arrest in connection with Triveniganj P.S. Case No. 342 of 2022 registered for the offence under Section 148, 149, 447, 341, 323, 324, 308, 325, 354B, 380 of the IPC and Section 3 (1)(r)(w) (i) of the SC/ST Act and being aggrieved by the order dated 12.06.2023 passed by learned A.D.J.-I, Supaul has preferred this appeal for grant of anticipatory bail.

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As per the first information report on 12.07.2022 in the morning the appellants along with other accused persons arrived having farsa, dabiya, threenut, masket, iron rod, spear in their

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Patna High Court CR. APP (SJ) No.3229 of 2023(4) dt.25-11-2024 2/3

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hand and started assaulting. The appellant no. 1 assaulted the father of the informant by means of iron rod on his arm due to which his hand was broken and the appellant no. 2 tore the clothes of the informant’s wife in order to outrage her modesty.

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Learned counsel for the appellants submits that informant is having land dispute with his agnate who is co-accused in the present F.I.R. and due to land dispute the present F.I.R. has been lodged to implicate the appellants who are not the members of the schedule caste community. He submits that Juranti Devi, who is also one of the accused in the present case lodged a counter F.I.R. bearing Triveniganj P.S. Case No. 341 of 2022 which is prior in time to the present F.I.R. Referring to the injury report, learned counsel submits that injuries caused to the informant’s father are simple in nature. Learned counsel further submits that Police submitted charge- sheet, but the learned Special Court vide Annexure - 3 took cognizance of the offences under I.P.C. and cognizance under the SC / ST has not been taken.

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Learned counsel for the respondent no. 2 submits that it appears from Annexure-3 that cognizance under the SC / ST Act has not been taken by the learned Special Court but the allegation against the appellants is that they assaulted the informant’s

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Patna High Court CR. APP (SJ) No.3229 of 2023(4) dt.25-11-2024 3/3

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father and outraged the modesty of informant’s wife.

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Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that there appears to be land dispute between the co-accused persons and the informant and the learned Special Court has not taken cognizance under the SC / ST Act, I am inclined to grant anticipatory bail to the appellants.

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Accordingly, the order dated 12.06.2023 passed in A.B.A. No. 380 of 2023 arising out of Triveniganj P.S. Case No. 342 of 2022 passed by learned A.D.J.-I, Supaul is hereby set aside.

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Let the appellants, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-I, Supaul in connection with Triveniganj P.S. Case No. 342 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Ravindra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ravindra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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