The Patna High Court granted bail to eight petitioners accused in a defamation and assault case involving the Scheduled Castes and Scheduled Tribes Act, with fines of ten thousand rupees each.
The petitioners were released on bail with bonds of Rs. 10,000 each and two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24780 of 2014
Criminal Miscellaneous No.24780 of 2014
Arising Out of PS.Case No. -252 Year- 2013 Thana -MADHEPUR District- MADHUBANI
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1. Shatrughan Mahto
2. Bharat Mahto
3. Ashok Mahto
4. Kailash Mahto
All sons of late Ramchandra Mahto
5. Hemant Mahto, son of Kailash Mahto
6. Pratima Devi, wife of Shatrughan Mahto
7. Arti Devi, wife of Bharat Mahto
8. Tara Devi, wife of late Ram Chandra Mahto
All residents of village- Kaithini, P.S. Madhepur, District,
Madhubani
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
Patna High Court Cr.Misc. No.24780 of 2014 (2) dt.18-06-2014
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The petitioners are accused in a case registered under Sections 341, 323, 354, 379, 504/34 of the Indian Penal Code as well as under Sections 3(x) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act.
Petitioner nos.6, 7 and 8 are ladies and petitioner no.8 is stated to be of 90 years of age. They and five others have been made accused in Madhepur P.S. Case No.252/2013 under various Sections of the Indian Peal Code, of which only few are nonbailable, and Section 3(x) of the Schedule Caste/Scheduled Tribes (Prevention of Atrocities) Act. The occurrence is stated to have taken place while the informant was offering prayer in a temple and she saw that petitioner nos.1 and 2 were ploughing the land of the temple. When such act was protested by the informant, she was abused by taking her caste name and was also assaulted. Even though the allegation under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act has been levelled against the petitioners but it appears that the dispute is with respect to ploughing of land which was being used by the informant. As has been noted earlier, out of 8 persons 3 are ladies of whom one is 90 years of age.
Considering this aspect of the matter, let the petitioners above named, in the event of their arrest or surrender within four
Patna High Court Cr.Misc. No.24780 of 2014 (2) dt.18-06-2014
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weeks from the date of receipt of the order in the court below, shall 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 Madhepur P.S. Case No. 252/2013 corresponding to G.R. No.1695 of 2013 to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, District- Madhubani subject to the conditions as laid down u/S 438 (2) of the Code of Criminal
Procedure.
(Ashutosh Kumar, J)
Sanjay-II/-
U T
2 issues framed by the court
Whether petitioners accused under multiple IPC sections and Atrocities Act should be granted bail under Section 438.
Whether bail conditions of Rs. 10,000 each with two sureties are appropriate in a SC/ST Act case involving elderly women.
3 provisions across 3 enactments
Shatrughan Mahto
Bharat Mahto
Ashok Mahto
Kailash Mahto
Hemant Mahto
Pratima Devi
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
