A criminal appeal against the refusal of regular bail. The High Court allowed the appeal, setting aside the impugned order and releasing the appellant on bail bond with sureties.
Appellant released on bail on bond of Rs.20,000 with two sureties of like amount each.
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 Appeal (SJ) No.1696 of 2018
Arising Out of PS.Case No. -71 Year- 2017 Thana -HASANPUR District- SAMASTIPUR
=========================================================== Nitish Kumar Yadav @ Nitish Yadav, S/o Satya Narayan Yadav, R/o VillageParoriya, P.S.-Hasanpur, District- Samastipur.
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Ram Sumiran Rai, Advocate. For the Respondent/s : Mr.Binay Krishna, SPP
===========================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018
Heard learned counsel for the parties.
This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “ S.C/S.T Act”) against the refusal of prayer for regular bail by the learned A.D.J.-1st -cum-Special Judge, (S.C./S.T) Samastipur in Hasanpur P.S. Case No.71 of 2017 registered under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code as well as under Sections 3(1)(R)(S)(W) of the S.C./S.T. Act.
According to the F.I.R., due to inter-caste marriage in between the two families, there is allegation of commission of assault and attempt to outrage modesty.
Considering the background and nature of allegation, let the appellant, above named, be released on bail on furnishing bail bond of
Patna High Court CR. APP (SJ) No.1696 of 2018 dt.25-06-2018
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Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-1st -cum-Special Judge, (S.C./S.T) Samastipur in Hasanpur P.S. Case No.71 of 2017.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J)
AnilKrSinha/-
| AFR/NAFR | |
|---|---|
| CAV DATE | |
| UploadingDate | 27.06.2018 |
| Transmission Date |
27.06.2018 |
1 issue framed by the court
Whether the appellant should be released on regular bail in a case registered under the S.C./S.T. Act and IPC.
1 provisions across 1 enactments
NITISH KUMAR YADAV @ NITISH YADAV
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
