The High Court granted anticipatory bail to three petitioners apprehending arrest in a case involving alleged outraging of modesty and assault. The order mandated release on bond with two sureties under Section 438(2) CrPC.
Anticipatory bail granted; release on bail of Rs. 10,000 with two sureties of the like amount to the Judicial Magistrate.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 1992 of 2014
02/ 13.11.2014 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrests in connection with Chouparan P.S. Case No. 6 of 2014 corresponding to G.R. No. 143 of 2014, for the alleged offences under Sections 448, 341, 323, 354 / 34 of the Indian Penal Code and Section 3/4 of the SC / ST (Prevention of Atrocities) Act.
The main allegation of outraging the modesty of the informant is against the other co-accused. Though there is allegation of assault against the accused persons, but it appears that the case has been instituted only for the offence under Section 323 of the Indian Penal Code. It also appears from the FIR that there is no specific allegation for the offence under Section 3/4 of the SC / ST (Prevention of Atrocities) Act against the petitioners.
In the facts of the case, I am inclined to grant anticipatory bail to the petitioners, Satun Singh, Luv Singh and Rajesh Singh. Accordingly, it is directed that in the event of their surrender / arrest, the petitioners, named above, shall be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of Md. Abdul Naseer, learned Judicial Magistrate, 1st Class, Hazaribag, or his successor, in connection with Chouparan P.S. Case No. 6 of 2014 corresponding to G.R. No. 143 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
( H. C. Mishra, J.)
Amitesh/-
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in cases alleging offences under Sections 448, 341, 323, 354 of IPC and Sections 3/4 of the SC/ST Act.
2 provisions across 2 enactments
Satun Singh, Luv Singh and Rajesh Singh
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
