Allowed

Shobha Devi v. The State Of Bihar

Patna HC5 Jul 2016CR. MISC./24740/2016

Case brief

AI extract

What is this about?

The petitioner, a woman accused in an SC/ST atrocity case, sought bail. The High Court observed the FIR alleged she held a dagger but the police case failed to reflect caste-based oppression. It granted bail by specifically exercising jurisdiction, releasing her to furnish security, while noting the underlying statutory applicability was questionable.

What did the court decide?

Petitioner released on bail by furnishing bonds of Rs 10,000 with two sureties of the like amount.

Shobha Devi Vs The State Of Bihar — Caste Atrocities | Patna HC (2016)

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Patna High Court Cr.Misc. No.24740 of 2016 (3) dt.05-07-2016

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.24740 of 2016

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Arising Out of PS.Case No. -52 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== 1. Shobha Devi Daughter of Gholtan Tanti@Gholat Tanti Resident of Village- Jokiya, Khakna, Tola, PS Bhagwanpur, District Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER

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03/ 05.07.2016 Heard learned counsel for the petitioner as well as learned

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Addl. Public Prosecutor for the State.

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Petitioner seeks bail in a case registered under section 3 (2)

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(V) of the SC/ST (Prevention of Atrocities) Act.

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Petitioner is named in the first information report but there is only allegation against her that at the time of alleged occurrence, she was having dagger in her hand. So far as assailants are concerned, according to written report, same were other accused.

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No doubt, after amendment in SC/ST (Prevention of Atrocities) Act, every order is appelable but submission on behalf of the petitioner is that written report of the informant does not disclose any offence punishable under SC/ST (Prevention of Atrocities) Act as the informant did not disclose this fact that she belonged to member of scheduled caste community but even then, police registered the case under the provision of SC/ST (Prevention of Atrocities) Act.

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Patna High Court Cr.Misc. No.24740 of 2016 (3) dt.05-07-2016

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It is submitted that if the court finds that provision of SC/ST

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(Prevention of Atrocities) Act is not applicable, the application filed under section 439 of the Cr.P.C is entertainable.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Bhagwanpur P.S. Case no. 52/2016.

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shahid

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(Hemant Kumar Srivastava,J)

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U T

Shobha Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shobha Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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