Allowed

Indal Mahto v. The State Of Bihar

Patna HC15 Dec 2017CR. APP (SJ)/3324/2017

Case brief

AI extract

What is this about?

In a criminal appeal against the refusal of bail under the SC/ST Act, the High Court granted release on bail noting the absence of specific allegations against the appellant in the victim's statement under Section 164 Cr.P.C., setting a bond of Rs. 20,000 with two sureties.

What did the court decide?

Released on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount.

Indal Mahto Vs The State Of Bihar — Caste Atrocities | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No. 3324 of 2017

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Arising Out of PS.Case No. -233 Year- 2016 Thana -SONBERSA District- SITAMARHI

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====================================================== Indal Mahto, Son of Nathuni Mahto, resident of Village - Dostiya, P.S. Sonbarsa, District - Sitamarhi

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.... .... Appellant Versus The State of Bihar .... .... Respondent ====================================================== Appearance : For the Appellant : Mr. Shankar Kumar, Advocate For the Respondent : Mr. Binay Krishna, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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3 15-12-2017

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Heard learned counsel for the parties.

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This is an appeal under Section 14(2)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for regular bail by the learned Special Judge (S.C./S.T.), Sitamarhi in Sonbarsa P.S. Case No. 233 of 2016 registered under Sections 363 and 366(A)/34 of the Indian Penal Code as well as Section 3(1)(x) of the SC/ST Act.

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The appellant is father of co-accused Shashi Kumar. Though in the FIR, there is allegation of kidnapping of the minor daughter of the informant, the victim-girl has not stated anything against the appellant in her statement under Section 164 Cr.P.C.

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Considering the aforesaid facts, let the appellant,

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Patna High Court CR. APP (SJ) No.3324 of 2017 (3) dt.15-12-2017

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2/2

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above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonbarsa Police Station Case No. 233 of 2016, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

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Accordingly, this application stands allowed.

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(Birendra Kumar, J)

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Kundan/-

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U T

Indal Mahto v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Indal Mahto v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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