The Patna High Court declined to grant anticipatory bail in a case under the S.C./S.T. Act, citing Section 18 bar and alleging retaliatory nature of the FIR. The court directed petitioners to seek regular bail after surrender.
Anticipatory bail declined; petitioners permitted to surrender and seek regular bail from the lower court.
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.12928 of 2016
Arising Out of PS.Case No. -528 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== 1. Nago Chourasia Son of late Chhedi Chourasia. 2. Sabita Devi Wife of Nago Chourasia. 3. Prince Kumar Son of Nago Chourasia. All are resident of Village-Kaliganj (Jeewan Chouck), P.S.-Sadar, District-Purnea. .... .... Petitioner/s Versus 1. State of Bihar 2. Sukhiya Devi Wife of Siyaram Paswan, Village-Kaliganj, P.S.-Sadar, Dist-Purnea. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Yadav For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 06-04-2016 Heard the counsel for the petitioners and Mr. Ambika Bhagat, Spl. APP for the State. The petitioners herein seek anticipatory bail in Complaint Case No. 528 of 2015 registered under Sections 3(x) S.C./S.T. (Prevention of Atrocities) Act.
On going through the First Information Report, it appears that on trivial issue the occurrence took place in which minor allegations are levelled. The complainant has, however, also alleged commission of offence under the penal provisions of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short ‘Act’). It is stated that earlier a
Patna High Court Cr.Misc. No.12928 of 2016 (2) dt.06-04-2016
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case was lodged by the petitioners against the prosecution side. It is the retortive act of the complainant. There is delay in lodging the case.
Mr. Bhagat opposes the prayer referring to the Section 18 of the Act which bars the Court to grant the privilege of anticipatory bail.
Regard being had to above, this Court declines to grant the privilege of anticipatory bail, permitting the petitioners to surrender and seek regular bail. Once they surrender and pray for regular bail, the court below shall consider and dispose of the same on its own merit unprejudiced by the present order.
The application is disposed of.
(Kishore Kumar Mandal, J)
rohit/-
U T
1 issue framed by the court
Whether the High Court can grant anticipatory bail under Section 18 of the S.C./S.T. Act, 1989 when the complaint appears to be retaliatory.
Nago Chourasia and others
State of Bihar and others
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
