The High Court of Jharkhand dismissed the anticipatory bail application, holding it not maintainable since the main allegation was against the petitioner's husband and the offence was under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The anticipatory bail application is dismissed on the ground of non-maintainability.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3610 of 2015
Sikha Mondal ... ... ... ... ... Petitioner. Versus The State of Jharkhand... ... ... ... Opp. Party.
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. A.K. Sahani, Advocate. For the State : Mr. Ravi Kumar Singh, A.P.P.
02/ 03.12.2015:
Heard Mr. A.K. Sahani, learned counsel for petitioner and Mr. Ravi Kumar Singh, learned counsel for the State.
The petitioner apprehends his arrest in connection with Kundahit P.S. Case No. 72 of 2014, corresponding to G.R. No. 987 of 2014, registered for the offence punishable under Sections 341, 323, 448, 379, 504, 506/34 of the Indian Penal Code and under section 3(i)(v)(x) of the Schedule CC/ST (Prevention of Atrocities) Act, 1989.
It has been submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. It has further been submitted that the main allegation has been leveled against Sukumar Mandal, husband of the petitioner. It appears that the only allegation leveled against the petitioner is that she abused the informant in the name of caste.
Considering the allegation leveled against the petitioner and in view of the provisions of section 18 of the Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act, this anticipatory bail application is not maintainable. It is, accordingly, dismissed.
(Rongon Mukhopadhyay, J)
Sharma/-
1 issue framed by the court
Whether an anticipatory bail application is maintainable when the petitioner is the only accused and the main allegation is leveled against her spouse?
1 provisions across 1 enactments
Sikha Mondal
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
