Allowed

Khiriya Devi v. the State of Jharkhand

Jharkhand HC22 Nov 2021Cr.A(SJ)/127/2021

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court of Jharkhand considered a prayer for anticipatory bail filed in a case under the SC/ST (POA) Act and various sections of the IPC arising from a land dispute. Despite the mandatory nature of the SC/ST (POA) Act, the court referred to a Supreme Court precedent and granted the appellants anticipatory bail.

What did the court decide?

Anticipatory bail granted to appellants to be released on bail bond of Rs.10,000 with two sureties upon arrest or surrender within four weeks.

Khiriya Devi Vs the State of Jharkhand — Caste Atrocities | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J.) No.127 of 2021

1. Khiriya Devi

2. Kavita Devi

3. Malti Devi

4. Pankaj Yadav

…. …. Appellants

Versus

1. The State of Jharkhand

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2. Gudia Devi …. …. Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Appellants : Mrs. Rashmi Kumar, Adv. For the State : Mr. Suraj Verma, A.P.P. For the Res. No.2 : Mr. Diwakar Jha, Adv. ----

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06/Dated: 22^nd November, 2021

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1. The present criminal appeal has been filed against the order dated 19.02.2021 passed by the learned Additional Sessions Judge-I, Koderma in A.B.P. No.83 of 2021 arising out of Koderma (SC/ST) P.S. Case No.06 of 2021 registered under Sections 325, 326, 341, 504, 506 and 34 of the Indian Penal Code and under Section 3(1)(s)(r) of the SC/ST (POA) Act. The case is now pending in the court of the learned C.J.M., Koderma.

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2. It has been submitted by the learned counsel for the appellants that there was a land dispute between the parties and both the parties have suffered injuries and three appellant are female. On the above basis, the prayer for anticipatory bail has been made.

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3. On the other hand, learned counsel for the State and the victim has opposed the prayer and submission has been advanced that the case is under SC/ST (POA) Act and the present appeal has been filed for anticipatory bail is not maintainable. Further, the land in question has been purchased from the family member of the accused and in spite of the said purchase, the possession of the victim was being objected and in that course they have been assaulted.

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4. Having heard the counsel for the parties and from perusal of the records, it appears that there is land dispute between the parties as the land sold by the family members of the accused has not been accepted by some

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other family members. This is the root cause of the dispute which has resulted in scuffle and both the parties have suffered injuries.

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5. Considering the above facts and the mandate of Hon’ble Apex Court as reported in ( 2020)10 SCC 710 in the case of Hitesh Verma Vs. The State of Uttrakhand & Anr ., the appellants are granted privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Koderma in connection with Koderma (SC/ST) P.S. Case No.06 of 2021, subject to the conditions as laid down under section 438 (2) of the Cr. P.C. 6. In the result, the present criminal appeal stands allowed.

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(Rajesh Kumar, J.)

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Amar/-

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Khiriya Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Khiriya Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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