Allowed

Yugul Rai @ Yugal Kishore Rai and Ors. v. The State Of Bihar

Patna HC26 May 2016CR. MISC./19471/2016

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to the petitioners, sons of Yugul Rai, in a case involving offences under various sections of the IPC and the SC/ST Act. The court directed their surrender and arrest within six weeks to secure release on bail.

What did the court decide?

Petitioners released on bail on furnishing bond of Rs.10,000 with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC, upon surrender within six weeks.

Yugul Rai @ Yugal Kishore Rai and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19471 of 2016

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Arising Out of PS.Case No. -4 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Yugul Rai @ Yugal Kishore Rai, son of Parikshan Rai 2. Pankaj Kumar @ Pankaj Rai, 3. Pradeep Rai @ Pradeep Kumar, Both Sons of Yugul Rai @ Yugal Kishore Rai and All resident of villageChotki, Bhaluahia, Police Station- Shikarganj, District- - East Champaran at Motihari.

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.... .... Petitioners

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Versus

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The State of Bihar

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.... .... Opposite Party

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====================================================== Appearance : For the Petitioners : Dr. Amrendra Kumar, Advocate For the State : Mr. Sadanand Paswan, S.P.L. P. (S.C ./ S.T. Act) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

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2 26-05-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Chiraiya (Shikarganj) P.S. Case No.04 of 2016 registered for offences punishable under Sections 341, 323, 354, 354A and 451/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

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Patna High Court Cr.Misc. No.19471 of 2016 (2) dt.26-05-2016

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It is contended on behalf of the petitioners that main allegation is against the co-accused Shankar Rai who had entered into the house of the informant and tried to take her out with ill-motive of outraging her modesty. Allegation against the petitioners is only to the extent that when it was resisted by her family members, petitioners came out and abused them. It is contended that so far the second part of allegation is concerned, since the occurrence is of about 10 p.m. in the night, the occurrence was not in public view as only the informant’s side and petitioners’ side were present, thus, the provisions of Section 3(i) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act are not attracted. It is further contended that allegations which have been made in the second part of the FIR are ornamental in nature made for the obvious purpose whereas main allegation which is in the first part of the first information report is against the co-accused person, Shankar Rai. It would appear from the order of the Sessions Judge that the informant had appeared before him and had submitted that matter had been compromised.

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Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Chiraiya (Shikarganj) P.S. Case No.04 of

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Patna High Court Cr.Misc. No.19471 of 2016 (2) dt.26-05-2016

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2016, the above named petitioners, Yugul Rai @ Yugal Kishore Rai, Pankaj Kumar @ Pankaj Rai and Pradeep Rai @ Pradeep Kumar shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikarhana at Dhaka, District, East Champaran at Motihari subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure.

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(Dr. Ravi Ranjan, J)

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Sanjay-II/-

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U T

Yugul Rai @ Yugal Kishore Rai and Ors. v. The State Of Bihar

Case brief

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Yugul Rai @ Yugal Kishore Rai and Ors. v. The State Of Bihar

Case brief

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