Patna High Court - Orders
Parashuram Yadav @ Parashuram Kumar vs The State Of Bihar on 31 August, 2022
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.21 of 2022
Arising Out of PS. Case No.-235 Year-2021 Thana- AMAS District- Gaya
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PARASHURAM YADAV @ PARASHURAM KUMAR Son of Bisghehswar
Singh Resident of Village - Badki Chilmi Tola, Bodhi Sthan, P.S.- Aamas,
Distt.- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Shakuntala Devi W/o Awadhesh Kumar Resident of Village - badki Chilmi
Tola, Bodhi Asthan, P.S.- Aamas, Distt.- Gaya.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Tapeshwar Sharma
For the Respondent/s : Ms.Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 31-08-2022The learned counsel for the appellant is directed to remove all the defects pointed out by the office within one month.
Heard learned counsel for the appellant as well as the learned Special Public Prosecutor for the State, whereas none appeared on behalf of the informant, though the vakalatnama has been filed on her behalf.
This appeal has been preferred on behalf of the appellant under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the order dated 30.11.2021 passed by the learned Exclusive Special Judge SC/ST Gaya in connection with Amas Patna High Court CR. APP (SJ) No.21 of 2022(3) dt.31-08-2022 2/3 P.S. Case No. 235/2021 registered for offence punishable under sections 147, 148, 149, 420, 467, 468, 471, 323, 341, 354(A) of the Indian Penal Code and sections 3 (i) (r) (s) of the SC/ST (POA) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
As per allegation, basgit parcha was issued for two and half dismal of land in favour of the brother-in-law (Debar) of the informant. They were residing over there after constructing a house. The allegation against the appellants is that they started demolishing that house and they also abused the informant by calling her caste name.
The learned counsel for the appellants has submitted that there is land dispute between the parties and in paragraph 5
(iv) of the bail petition it has been mentioned that the land was actually belonging to the appellants side and despite the fact that it was not declared surplus land and the State of Bihar has wrongly issued basgit parcha in favour of the informant.
It appears that there is land dispute between the parties, as such, the provisions of SC/ST Act do not attract prima facie, since occurrence had not taken place due to malicious feeling of caste.
Considering the above-mentioned facts and Patna High Court CR. APP (SJ) No.21 of 2022(3) dt.31-08-2022 3/3 circumstances, the appeal is allowed and the impugned order dated 30.11.2021 is set aside.
Accordingly, the appellant, in the event of arrest or surrender before the court below within four weeks from today, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge SC/ST Gaya in connection with Amas P.S. Case No. 235/2021.
Office shall ensure that all defects are removed by the appellant within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/-
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