Allowed

Dipak Kumar Routh v. the State of Jharkhand

Jharkhand HC16 Jul 2019Cr.A(SJ)/343/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed the appeal against the rejection of an anticipatory bail petition under the SC/ST Act. The court set aside the impugned order, directed the appellant to surrender, and granted bail subject to furnishing bonds and depositing costs for Bandi Kalyan Kosh.

What did the court decide?

Impugned order set aside; appellant directed to surrender within four weeks and enlarged on bail on furnishing bonds of Rs. 25,000/- and depositing Rs. 1500/-.

Dipak Kumar Routh Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 343 of 2019

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Dipak Kumar Routh …… Appellant Versus 1.The State of Jharkhand 2.Laxmi Kumari …… Respondents ----CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH ----- For the Appellant : Mr. Ritesh Kumar, Advocate For the Respondent : Mr. Rakesh Ranjan,A.P.P -----

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04/Dated: 16/07/2019

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The sole appellant has preferred this appeal under section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act being aggrieved and dissatisfied by the order dated 16.02.2019 passed by Sessions Judge -VII-cumSpecial Judge, SC/ST, Dhanbad in A.B.P. No. 128/2019, whereby the anticipatory bail petition of the appellant was rejected considering the fact that under the provision of section 18 of the C/ST Act (P.O.A.) Act the same is not maintainable.

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It appears that the Prosecutrix 'A' has given a written report stating therein that she is aged about 19 years and since 2 ½ years she is in love affair with the appellant and she developed physical relationship with him but after some time when she made pressure for marriage,appellant assaulted her. Hence, this case.

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Pursuant to order dated 11.06.2019 both the parties are physically present before this court.

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It is submitted that a joint I.A.No.4015 of 2019 has been filed bringing on record the Certificate of Marriage dated 16.04.2019 under Special Marriage Act issued by Marriage Officer, Dhanbad that they have married and living together.

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Considering the fact and circumstances of the case, this appeal is allowed and the impugned order dated 16.02.2019 passed by Sessions Judge -VII-cum-Special Judge, SC/ST, Dhanbad in A.B.P. No. 128/2019, is hereby set aside. The above named appellant is directed to surrender in the Court below within Four Weeks and in the event of his arrest or surrender, the Court below shall enlarge the above named appellant, on bail, on furnishing bail bonds of Rs. 25,000/- (Rupees Twentyfive Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge -VII-cum-Special Judge, SC/ST, Nirsa P.S. Case No. 381/2018, corresponding to SC/ST case No. 330/2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. and subject to the further condition that appellant shall deposit a cost of Rs. 1500/- in the account of Bandi Kalyan Kosh, Birsa Munda Central Jail, Hotwar, Ranchi being A/c No.490710210000007, Bank of India, Branch-Booty More, Customer ID-103610460, IFSC Code no. BKID0004907 on or before his date of surrender in the court below .

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Accordingly, I.A.No.4015 of 2019 is allowed.

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Let a copy of this order be communicated to the trial court and also handed over to the learned counsel for the parties and also communicated to the Superintendent of Jail, Birsa Munda Central Jail, Hotwar, Ranchi.

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( Anant Bijay Singh, J.)

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Raman/

Dipak Kumar Routh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dipak Kumar Routh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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