Govind Dubey @ Birendra Dubey @ ... vs The State Of Bihar
2021 Latest Caselaw 984 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.389 of 2021
     Arising Out of PS. Case No.-302 Year-2020 Thana- RAMNAGAR District- West Champaran
     ======================================================

1. GOVIND DUBEY @ BIRENDRA DUBEY @ GOVINDRA DUBEY S/O LATE RAMESHWAR DUBEY RESIDENT OF MUDERA P.S. RAMNAGAR DISTRICT WEST CHAMPARAN

2. NARAYAN DUBEY @ NARAYAN KUMAR DUBEY S/O GOVIND DUBEY RESIDENT OF MUDERA P.S. RAMNAGAR DISTRICT WEST CHAMPARAN ... ... Appellant Versus THE STATE OF BIHAR ... ... Respondent ====================================================== Appearance :

     For the Appellant/s    :        Mr.Bimlesh Kumar Pandey
     For the Respondent/s   :        Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 19-02-2021

As prayed for, let the learned counsel appearing for

the appellants remove the defect(s), as pointed out by the office

vide its notes dated 16.01.2021, within four weeks of starting of

Court proceeding in physical mode.

Learned counsel appearing on behalf of the

appellant No.2, namely, Narayan Dubey @ Narayan Kumar

Dubey seeks permission to withdraw the application filed on

behalf of the appellant No.2 as he has already been apprehended

by the Police.

In view of the above, the application filed on behalf

of the appellant No.2, namely, Narayan Dubey @ Narayan Patna High Court CR. APP (SJ) No.389 of 2021 dt.19-02-2021

Kumar Dubey is dismissed as withdrawn.

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 15.10.2020 passed in A.B.P. No. 1757 of 2020 by

learned Addl. District and Sessions Judge-I-cum-Special Judge,

SC/ST Act, Bettiah, West Champaran in connection with

Ramnagar P.S. Case No. 302 of 2020, registered under Sections

341, 323, 504 and 307/34 of the Indian Penal Code and Section

3(i)(r) of the SC/ST (Prevention of Atrocities) Act.

Accusation is that on 25.08.2020 daughter of

informant, namely, Bindu Kumari, aged about 16 years, after

grazing her she-goat, was returning home, in the way, due to

fear of dog, her she-goat moved at the door of Govind Dubey

(Appellant No.1), who abused her denoting her caste 'Gour'.

Thereafter, Govind Dubey (Appellant No.1), Narayan Dubey

and Kushum Devi started to abuse, when Bindu Kumari,

daughter of informant Ranjana Devi Gaur made protest then

Sajeev Sah caught hold Bindu Kumari, daughter of informant,

and laid her on the ground and torn her clothes and assaulting

her by fist and slaps and when informant came at her house after

cutting grass then she found her daughter in unconscious state,

who was rushed to Ramnagar hospital, where after some Patna High Court CR. APP (SJ) No.389 of 2021 dt.19-02-2021

treatment her daughter was referred to G.M.C.H. Behhiah,

thereafter, she returned to her house due to that reasons, she

gave information on 28.08.2020 after two days.

Learned counsel appearing on behalf of appellant

No.1 submits that, in fact, the she goat of informant Ranjana

Devi, in course of grazing, damaged the plants situated at the

door of the appellant No.1, when complaint was made by

Kushum Devi, wife of appellant No.1, then informant Ranjana

Devi and her daughter Bindu Kumari laid Kushum Devi, wife of

appellant No.1, on the ground, when his son rushed then Munna

Sah and Jhunna Sah tried to press the neck of his son. Further

submission is that it would appear from the F.I.R. that allegation

against the appellant No.1 is to abuse the daughter of informant

at his door denoting her caste 'Gaur', which is not in public

view. Moreover, the allegation of causing assault to daughter of

informant is against Sajeev Sah, who is the brother-in-law of the

informant.

Learned Spl. PP for the State opposed the prayer

for pre-arrest bail.

Having regard to the facts and circumstances of the

case, let the above named appellant No.1, namely, Govind

Dubey @ Birendra Dubey @ Govindra Dubey, be released on Patna High Court CR. APP (SJ) No.389 of 2021 dt.19-02-2021

bail, in the event of his arrest or surrender before the learned

Court below within a period of four 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 Addl. District and Sessions Judge-I-cum-Special Judge,

SC/ST Act, Bettiah, West Champaran in connection with

Ramnagar P.S. Case No. 302 of 2020, subject to the condition as

laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order dated 15.10.2020

passed by the learned Addl. District and Sessions Judge-I-cum-

Special Judge, SC/ST Act, Bettiah, West Champaran in

connection with A.B.P. No. 1757 of 2020 in respect to appellant

No.1 Govind Dubey @ Birendra Dubey @ Govindra Dubey is

set aside and appeal is allowed.

(Rajendra Kumar Mishra, J)

Manish/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A
Uploading Date          23.02.2021
Transmission Date       23.02.2021