Allowed

Mithun Kumar v. The State of Bihar

Patna HC26 Nov 2024CR. APP (SJ)/3595/2023

Case brief

AI extract

What is this about?

Appeal against refusal of anticipatory bail in a caste-atrocity FIR alleging abuse by caste name and assault. The court noted the abuse was not in full public view and injuries were simple, set aside the Special Judge's order and granted anticipatory bail to both appellants with conditions.

What did the court decide?

Anticipatory bail granted to both appellants on Rs.10,000 bond each with two like sureties; order dated 07.07.2023 set aside.

Mithun Kumar 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.3595 of 2023

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Arising Out of PS. Case No.-114 Year-2023 Thana- DIDARGANJ District- Patna

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

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MITHUN KUMAR S/O SRI SANJAY YADAV @ SANJAY PRASAD R/O VILLAGE- JANAKPUR, P.S- GAURICHAK, DISTT.- PATNA.

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ROHIT KUMAR S/O SANJAY YADAV @ SANJAY PRASAD R/O VILLAGE- JANAKPUR, P.S- GAURICHAK, DISTT.- PATNA.

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... ... Appellant/s

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Versus

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The State of Bihar BIHAR

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USHA DEVI W/O SRI MANOJ DAS R/O VILLAGE- FATEHPUR RAVIDAS TOLA, P.S- DIDARGANJ, DISTT.- PATNA.

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... ... Respondent/s

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====================================================== Appearance :

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For the Appellant/s : Mr.Deepak Kumar For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 26-11-2024 1. Heard the parties.

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The appellants apprehend their arrest in connection with Didarganj P.S. Case No. 114 of 2023 registered for the offence under Section 452, 341, 323, 504, 308 of the IPC and Section 3 (1)(r)(a) / 3 (ii)(a) of the SC/ST (Prevention of Atrocities) Act and being aggrieved by the order dated 07.07.2023 passed in A.B.P. No. 4436 of 2023 by learned I/C Special Judge, Exclusive Special Court (SC/ST) Act, Patna has preferred this appeal for grant of anticipatory bail.

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As per the first information report the appellants along

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with other accused persons, in drunken condition, were abusing

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Patna High Court CR. APP (SJ) No.3595 of 2023(4) dt.26-11-2024 2/3

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a particular caste and when the informant objected, she was assaulted by the appellants and when her husband intervened, the appellants along with other accused persons assaulted him with iron rod, lathi and bricks.

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Learned counsel for the appellants submits that from perusal of the first information report it would be evident that the informant was abused by her caste name in the dark night at 9:30 P.M. The same was not in full public view. He further submits that injuries caused to the informant’s husband are simple in nature and the allegation against the appellants along with others is general and omnibus in nature.

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On the other hand, learned counsel for the respondent no. 2 vehemently opposed the prayer for anticipatory bail and submits that the appellants along with other accused persons abused the informant by her caste name and assaulted the informant and her husband due to which the informant’s husband has sustained injury.

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Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that caste name was not taken in full public view and injuries caused to the informant’s husband are simple in nature, as such, I am inclined to grant anticipatory bail to the appellants.

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Patna High Court CR. APP (SJ) No.3595 of 2023(4) dt.26-11-2024 3/3

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Accordingly, the order dated 07.07.2023 passed in A.B.P. No. 4436 of 2023 arising out of Didarganj P.S. Case No. 114 of 2023 passed by I/C Special Judge, Exclusive Special Court (SC/ST) Act, Patna 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 Special Judge, Exclusive Special Court ( SC/ ST) Act, Patna in connection with Didarganj P.S. Case No. 114 of 2023 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

Mithun Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mithun Kumar v. The State of Bihar

Case brief

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What did the court decide?

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