Allowed

Krit Narayan Yadav and Ors. v. The State Of Bihar

Patna HC24 Jun 2013CR. MISC./7390/2013

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to petitioners charged under the SC/ST (Prevention of Atrocities) Act and other IPC sections. The court held that provisions regarding humiliation based on caste were not applicable as no such act was proven in the FIR.

What did the court decide?

Petitioners to be released on bail upon arrest or surrender within four weeks, furnishing bonds of Rs 10,000 each with two sureties.

Krit Narayan Yadav and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2013)

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Patna High Court Cr.Misc. No.7390 of 2013 (4) dt.24-06-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7390 of 2013

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====================================================== Krit Narayan Yadav & Ors .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HON’BLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORDER 4 24-06-2013 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Janki Nagar P.S. Case No. 98 of 2012 under Sections-147, 148, 149, 379, 436 of the Indian Penal Code and Section-3/4 (IV)(V)(XV) of the SC/ST (Prevention of Atrocities) Act.

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According to prosecution case itself, the entire occurrence took place inside the house of the petitioners and not in public view. Moreover, there is nothing in the first information report that petitioners humiliated the informant taking his caste name. So far as Sections-436 & 379 of the Indian Penal Code are concerned; the case for the aforesaid offences, has not been found true and the police found the case true only for the offences u/Ss 341, 323, 435 of the Indian Penal Code & Section-3/4 (IV)(V)(XV) of the SC/ST (Prevention of Atrocities) Act.

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Patna High Court Cr.Misc. No.7390 of 2013 (4) dt.24-06-2013

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Therefore, it appears to me that the provisions of 3(IV)(V)(XV) of the SC/ST (Prevention of Atrocities) Act are not applicable in this case.

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In the aforesaid circumstances, this anticipatory bail petition is allowed and it is ordered that the petitioners, namely, Krit Narayan Yadav, Gurwa Yadav @ Guddu Yadav, Anoj Kumar Yadav @ Anoj Kumar and Kailash Yadav, in the event of their arrest or surrender within four weeks from the date of receipt of this order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Janki Nagar P.S. Case No. 98 of 2012 to the satisfaction of Chief Judicial Magistrate, Purnea subject to conditions as laid down u/S 438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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A.K.V./-

Krit Narayan Yadav and Ors. v. The State Of Bihar

Case brief

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Krit Narayan Yadav and Ors. v. The State Of Bihar

Case brief

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