RANJEET KUMAR v. THE STATE OF BIHAR BIHAR, PATNA
Case at a glance
Provisions considered
- Indian Penal Code, 1860
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ss. 3(2)(Va), 3(i)(R)(S)
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 88. Accordingly, the order dated 31.03.2023 passed in A.B.P. No. 565 of 2023 arising out of Laukaha (Lalmaniya O.P.) P.S. Case No. 327 of 2022 passed by 1st Addl. Sessions Judge-cum- Special Judge, Madhubani is hereby set aside.
Judgment
====================================================== Appearance : For the Appellant/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr.Sanjay Kumar Jha Mr.Sadanand Paswan : : 4 20-11-2024
Heard learned counsel for the appellants and learned ORAL ORDER counsel for the State.
No one appears for the respondent no. 2.
Learned counsel for the State informs that pursuant to the order dated 30.08.2023 the respondent no. 2 was put on notice by him.
The appellants apprehend their arrest in connection with Laukaha (Lalmaniya O.P.) P.S. Case No. 327 of 2022 registered for the offence under Section 341, 342, 323, 324, 504, 506 / 34 Patna High Court CR. APP (SJ) No.2933 of 2023(4) dt.20-11-2024 of the IPC and Section 3 (i)(R)(S) / 3(2) (Va) of the SC / ST Act and being aggrieved by the order dated 31.03.2023 passed by learned 1st Addl. Sessions Judge - cum-Special Judge, Madhubani has preferred this appeal for grant of anticipatory bail.
The allegation as per the first information report is that on
18.12.2022 while the informant was coming along with three other persons after collecting woods for fuel and no sooner than she reached near the orchard of the appellants, they said the in- formant and others why wood from their orchard was cut by them. When the informant denied the fact that they have cut wood from their orchard, the appellants abused and assaulted the informant and others.
Learned counsel for the appellants submits that they have falsely been implicated in this case due to dispute regarding cutting of wooden log from the orchard of the appellants. Both the parties are co-villagers and the allegation of assault by the appellants is fabricated and no serious injury has been caused to the informant and others. There is no allegation of calling the informant by caste name in public view.
Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact Patna High Court CR. APP (SJ) No.2933 of 2023(4) dt.20-11-2024 that occurrence has taken place due to dispute regarding cutting of wood from the orchard and the injuries caused to the informant and others are simple in nature as per the case diary, I am inclined to grant anticipatory bail to the appellants.
Accordingly, the order dated 31.03.2023 passed in A.B.P. No. 565 of 2023 arising out of Laukaha (Lalmaniya O.P.) P.S. Case No. 327 of 2022 passed by 1st Addl. Sessions Judge-cum- Special Judge, Madhubani is hereby set aside.
Let the appellants, above named, be released on anticipa- tory bail in the event of arrest or surrender before the court be- low 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 1 st Addl. Sessions Judge-cum-Special Judge, Madhubani in con- nection with Laukaha (Lalmaniya O.P.) P.S. Case No. 327 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. praful/- U T (Anil Kumar Sinha, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.