Patna High Court - Orders
Chalitar Ray @ Ram Chalitar Ray @ Ram ... vs The State Of Bihar on 27 August, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No. 2359 of 2019
Arising Out of PS. Case No.-148 Year-2018 Thana- MANIGACHI District- Darbhanga
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1. Babloo Ray @ Rabindra Ray Son of Pitamber Ray Resident of Village-
Champati (Rajwara), P.S.- Manigachhi (Nehra O.P.), District- Darbhanga
2. Pitamber Ray @ Prit Narayan Ray Son of Late Anup Yadav Resident of
Village- Champati (Rajwara), P.S.- Manigachhi (Nehra O.P.), District-
Darbhanga
3. Ripu Ray @ Vijendra Kumar Ray Son of Pitamber Ray Resident of Village-
Champati (Rajwara), P.S.- Manigachhi (Nehra O.P.), District- Darbhanga
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Vinay Kumar Mishra
For the Respondent/s : Mr.Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
4 27-08-2019Heard learned counsel for the appellants and learned Spl. PP for the State and perused the case diary.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 26.11.2018 passed by learned 1st Addl. Sessions Judge cum Special Judge, SC/ST (POA) Act, Darbhanga in Manigachhi (Nehra O.P.) P.S. Case No. 148 of 2018 registered under Sections 147, 149, 341, 323, 324, 325, 307, 354, 379 and 504 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act.
On making complain for committing irregularity in Patna High Court CR. APP (SJ) No. 2359 of 2019(4) dt.27-08-2019 2/4 weighing articles by the sister of the informant against the co- accused Nagendra Ray, Nagendra Ray slated her in the name of her caste. In the meantime, appellants along with other accused persons also arrived at the shop of Nagendra Ray and slated his sister in the name of her caste. Bablu assaulted his sister by means of rod and tore her attire. When the informant rushed there, appellant Pitambar assaulted on his head by means of sword and when his brother Umesh Kumar Paswan rushed in their rescue, appellant Ripu Ray assaulted him by means of khanti.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. As a matter of fact, son of co-accused namely Ravindra Kumar Ray was assaulted by the informant and his associates over Rs. 5000/- due to him on purchasing articles and regarding the aforesaid incident said Ravindra Kumar Ray has lodged Manigachhi P.S. Case No. 147 of 2018 against the informant and others and being peeved with the same informant has lodged this false and frivolous case against the appellants as a counter blast of the aforesaid case. Allegation of slating the informant and his sister levelled against the appellants is not specific rather general and omnibus in nature. Injuries sustained by the informant and his Patna High Court CR. APP (SJ) No. 2359 of 2019(4) dt.27-08-2019 3/4 brother are simple in nature caused by hard and blunt substance and not by the sharp edged weapon which creates serious doubt about the prosecution case. Though opinion regarding nature of injury of the sister of the informant namely Munni Devi has been kept reserved but supplementary injury report has not been brought on record by the prosecution even after passing away of more than one year. Appellants have no criminal antecedent. Hence they may be enlarged on bail.
On the other hand, learned Spl. PP for the State vehemently opposing the bail petition submitted that aforesaid appellants have assaulted the sister of the informant, informant and his brother by means of rod, sword and khanti. Hence they do not deserve bail.
Having regard to the facts and circumstances of the case, aforesaid appellants are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1 st Addl. Sessions Judge cum Special Judge, SC/ST (POA) Act, Darbhanga in connection with Manigachhi (Nehra O.P.) P.S. Case No. 148 of 2018, subject to the condition as laid down Patna High Court CR. APP (SJ) No. 2359 of 2019(4) dt.27-08-2019 4/4 under Section 438 (2) of the Cr.P.C.
Accordingly, this appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/-
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