Allowed

Madhukant Singh v. The State Of Bihar

Patna HC23 Dec 2014CR. MISC./26894/2014

Case brief

AI extract

What is this about?

This order allows an anticipatory bail petition filed by Madhukant Singh in a case involving offences under the Indian Penal Code and the S.C./S.T. Act. The court held that since the FIR did not disclose the constitution of the atroities offence, the petition was maintainable.

What did the court decide?

Petitioner allowed to be released on bail with bonds of Rs 10,000 each for himself and two sureties within four weeks.

Madhukant Singh Vs The State Of Bihar — Caste Atrocities | Patna HC (2014)

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Patna High Court Cr.Misc. No.26894 of 2014 (3) dt.23-12-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26894 of 2014

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Arising Out of PS.Case No. -781 Year- 2013 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Madhukant Singh, son of Bhola Singh, resident of Chandrapur, P.S. Sangrampur, District Munger .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Sadanand Paswan (Slp.PP.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 23-12-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kotwali (Tatarpur) P.S. Case No. 781 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 379 of the Indian Penal Code and 3 (i) (x) of S.C./S.T. (Prevention of Atrocities) Act.

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No doubt, petition under Section 438 of Criminal Procedure Code is not maintainable in respect of offences of S.C./S.T. (Prevention of Atrocities) Act and Section 18 of the above stated Act clearly bars the petition

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Patna High Court Cr.Misc. No.26894 of 2014 (3) dt.23-12-2014

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under Section 438 of Criminal Procedure Code but by several judicial pronouncements it has already been set at rest that if the first information report/complaint petition does not disclose the constitution of offence of the aforesaid act, the court has got power to entertain petition under Section 438 of Criminal Procedure Code.

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In the present case, in first information report the informant has nowhere disclosed his caste rather he only stated that petitioner uttered his caste name but it is not clear as to whether petitioner was aware about the caste of the informant or not at the time of alleged occurrence. Therefore, the application of provision of S.C./S.T. (Prevention of Atrocities) Act in the present case appears to be doubtful.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Amit

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Patna High Court Cr.Misc. No.26894 of 2014 (3) dt.23-12-2014

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Manu, Judicial Magistrate 1st Class, Bhagalpur in Kotwali (Tatarpur) P.S. Case No. 781 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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SHAHZAD/-
U T

Madhukant Singh v. The State Of Bihar

Case brief

What is this about?

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Madhukant Singh v. The State Of Bihar

Case brief

What is this about?

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