Anand Mohan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1470 of 2022 Arising Out of PS. Case No.-176 Year-2017 Thana- BENIPATTI District- Madhubani ====================================================== ANAND MOHAN PANDEY S/o Vinod Pandey Resident of VillageShivnagar, P.S.- Benipatti, District- Madhubani. ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Raja Ram Mishra For the Respondent/s :

Mr.Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2022 Heard learned counsel for the appellant and learned Special P.P. for the State.

The present appeal has been filed for setting aside the order dated 25.3.2022 passed by learned A.D.J.-I cum Special Judge, Madhubani in Benipatti Police Station Case No. 176 of 2017 registered for the offence punishable under sections 379/34 and other sections of the IPC and sections 3(1)(r)(w), 3(2)(v)(a) of SC/ST Act, whereby the prayer for bail of appellant was rejected.

As per the prosecution case, appellant abused the informant's niece and took her towards his house in darkness with malafide intention and when informant opposed, he assaulted him with knife and abused him with calling caste name. Appellant and other accused persons looted the shop of

Patna High Court CR. APP (SJ) No.1470 of 2022(2) dt.31-08-2022 2/2 the informant and gold chain of her niece.

It is submitted on behalf of appellant that the appellant was a member of panchayat held between the informant and his gotia for settlement and compromise of a land dispute.

However, learned Special P.P. has opposed the appeal and submitted that there is specific allegation against the appellant that he abused the informant by her caste name and assaulted him with knife and with the help of other accused persons looted the shop of the informant.

Considering the aforesaid facts and circumstances, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, which has been filed for grant of bail, is hereby rejected.

(Prabhat Kumar Singh, J) shashi/- U T