Allowed

Shiv Kumar Yadav and Ors. v. the State of Jharkhand and Anr.

Jharkhand HC16 Dec 2015A.B.A./3990/2015

Case brief

AI extract

What is this about?

This anticipatory bail application arose from a complaints case alleging sexual misconduct against school staff. The court granted bail, directing surrender within two weeks and furnishing a bond of Rs.10,000 with two sureties under Section 438 CrPC.

What did the court decide?

Grant of anticipatory bail directed surrender within two weeks, bail bond of Rs.10,000 and two sureties.

Shiv Kumar Yadav and Ors. Vs the State of Jharkhand and… — Anticipatory Bail | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 3990 of 2015

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Shiv Kumar Yadav, son of Kaila Yadav

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Kaila Yadav, son of Late Nirpat Mahto

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Birendra Yadav, son of Late Paro Mahto

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Shailendra Yadav, son of Naw Gopal Yadav All are residents of village Nimadih, PO Masmohna, PS- Markacho District- Koderma … Petitioner(s) -V e r s u s-

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State of Jharkhand 2. Kaila Devi, wife of Nunu Yadav, resident of village Nimadih, PO Masmohna, PS- Markacho, District- Koderma ... Opposite Parties

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CORAM: - HON’BLE MR. JUSTICE RAVI NATH VERMA

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For the Petitioner(s) : - Ms. Rashmi Kumari, Advocate For the State : - Addl. P.P.

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03/16.12.2015 Apprehending their arrest in Complaint Case no. 917 of 2013, instituted under Sections 323, 341, 379, 354, 427, 504 and 506 of the Indian Penal Code, the four petitioners namely Shiv Kumar Yadav, Kaila Yadav, Birendra Yadav and Shailendra Yadav have moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioners as well as the learned counsel representing the State.

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There is allegation in the complaint petition that the complainant on hearing that her grand-son had been brutally assaulted by the Principal and teachers of the Government upgraded Middle School, Nimadih, rushed to the school where she was assaulted and her modesty was outraged.

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Initially, a complaint case was filed by the complainant which was subsequently referred to the police for investigation under Section 156(3) of Cr.P.C. leading to registration of Markacho P.S. Case no. 87 of 2013 and upon investigation having found the case to be false, final form was submitted but on protest- cum-complaint petition filed, cognizance has been taken by the learned court below for the offence punishable under Sections 323, 341, 354, 379, 504 & 506 of the I.P.C.

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Learned counsel for the petitioners submitted that the present case by the complainant is a counter blast to Markacho P.S. case no. 23 of 2013 instituted at the instance of the Principal against the complainant with the allegation of tearing the receipts and destroying the articles of mid-day meal. It was also submitted that after investigation, the entire allegations were found to be false and final form was submitted and that two similarly situated co-accused namely Saheb Chouhdary and Raghunath Yadav have already been granted anticipatory bail by another Bench of this Court vide order dated 13.10.2015 passed in A.B.A. No. 1946 of 2015. Hence, the petitioners also deserve the grant of privileges of anticipatory bail.

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Learned counsel representing the State though opposed the prayer but fairly submitted that there is no injury report in the case diary and two coaccused have been granted anticipatory bail.

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Considering the submissions of the counsels, the allegation and the circumstances stated above, I am inclined to grant the privileges of anticipatory bail to the petitioners.

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Accordingly, all the four petitioners above named are directed to surrender in the court below within two weeks from today and in the event of their arrest/surrender, the court below is directed to enlarge them on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Koderma in Complaint Case no. 917 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Ritesh

Shiv Kumar Yadav and Ors. v. the State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

Shiv Kumar Yadav and Ors. v. the State of Jharkhand and Anr.

Case brief

What is this about?

What did the court decide?

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