Disposed

Santosh Kumar Alias Santosh Kumar Shreshth v. the State of Jharkhand

Jharkhand HC1 Jul 2024Cr.A(SJ)/44/2024

Case brief

AI extract

What is this about?

Appeal against rejection of anticipatory bail to in-laws of the informant in a case under Section 498-A IPC with SC/ST (Prevention of Atrocities) Act provisions. Court granted anticipatory bail on surrender within three weeks on bonds of Rs.20,000 each with two sureties, set aside the lower court's order and disposed of the appeal.

What did the court decide?

Appellants to surrender within three weeks and be released on bail on Rs.20,000 bond each with two sureties; order dated 10.01.2024 set aside.

Santosh Kumar Alias Santosh Kumar Shreshth Vs the State… — Caste Atrocities | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr. Appeal (S.J.) No. 44 of 2024

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Santosh Kumar @ Santosh Kumar Shreshth

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Smt. Mina Devi

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Ganesh Kumar Shreshth @ Ganesh Kumar .... Appellants -- Versus -- The State of Jharkhand & Anr. .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellants	--- :-	Mr. Vikas Kumar, Advocate
For the State	:-	Mr. Mohua Palit, APP
For the Respondent No.2	:- ----	Mr. Ashok Kr. Sinha, Advocate

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05 /01.07.2024 Heard the learned counsel appearing for the appellants, learned counsel appearing for the State and learned counsel appearing for the respondent No.2.

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2. The prayer in this appeal is made for setting aside the order dated 10.01.2024 passed in A.B.P. No.1894 of 2024 in connection with Scheduled Castes and Scheduled Tribes Case No.24 of 2023 whereby the prayer of the appellants for grant of anticipatory bail has been rejected and the matter is pending before the learned Additional Sessions Judge-I-cum-Special Court, Jamshedpur.

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3. Learned counsel appearing for the appellants submits that appellant No.1 is the father-in-law and appellant No.2 is the mother-inlaw and appellant No.3 is the brother-in-law of the respondent No.2. He submits that this case is arising out of Section 498-A of IPC and maliciously the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been inserted. He submits that the allegations are there against the husband of the respondent No.2 of re-marriage, however, there are bald allegations, so far as these petitioners are

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Cr.A(SJ) No. 44 of 2024

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concerned.

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4. Learned counsel appearing for the State submits that the appellants are the in-laws of the respondent No.2.

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5. Learned counsel appearing for the respondent No.2 opposed the prayer on the ground that allegations are there and in view of that rightly the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been inserted and this appeal may kindly be dismissed.

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6. Considering that the appellants are the in-laws of the respondent No.2 and the allegations are there of re-marriage by the husband of the respondent No.2, I am inclined to provide privilege of anticipatory bail to the appellant. 7. Accordingly, the appellants, above named, are hereby directed to surrender before the learned Court within three weeks from today, and in the event of their surrender/arrest, the appellants, above named, shall be released on bail, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I-cum-Special Court, Jamshedpur, in connection with Scheduled Castes and Scheduled Tribes Case No.24 of 2023, subject to the condition that the appellants will cooperate in the criminal proceeding pending in the learned Court and will remain present as and when required before the learned Court/I.O. of this case, failing which appropriate order shall be passed by the learned Court for the cancellation of the bail of the appellants.

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8. The order dated 10.01.2024 passed in A.B.P. No.1894 of 2024 in connection with Scheduled Castes and Scheduled Tribes Case No.24 of 2023 is hereby set aside.

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9. This appeal is disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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Cr.A(SJ) No. 44 of 2024

Santosh Kumar Alias Santosh Kumar Shreshth v. the State of Jharkhand

Case brief

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What did the court decide?

Santosh Kumar Alias Santosh Kumar Shreshth v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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