Allowed

Gopi Ram and Anr. v. The State Of Bihar

Patna HC7 Sept 2018CR. APP (SJ)/3314/2018

Case brief

AI extract

What is this about?

Special Judge refused anticipatory bail to appellants in an SC/ST case. High Court appellate court allowed the appeal, setting aside the refusal and directing release on bail subject to conditions.

What did the court decide?

Impugned order refusing anticipatory bail set aside; appellants ordered to be released on bail upon surrender within 30 days on furnishing bonds of Rs. 20,000 each with sureties.

Gopi Ram and Anr. Vs The State Of Bihar — Caste Atrocities | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.3314 of 2018

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Arising Out of PS. Case No.-106 Year-2018 Thana- BALIYA District- Begusarai

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======================================================

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Gopi Ram, Son of Shambhu Ram

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Lalan Kumar, Son of Bhola Ram, Both are residing at Janipur, Ward No. 20, Police Station- Balia, District- Begusarai.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar For the Respondent/s : Mr. Sadanand Paswan

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======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date : 07-09-2018

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Heard learned counsel for the parties.

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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 “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 01.08.2018 passed by the learned Special Judge, S.C./S.T. (P.O.A.) Act, Begusarai in A.B.P. No.1523 of 2018, arising out of Balia Police Station Case No.106 of 2018 registered under Sections 366(A), 506/34 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Allegation against the appellants is of inducement and kidnapping of the daughter of the informant. The victim in her

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Patna High Court CR. APP (SJ) No.3314 of 2018 dt.07-09-2018 2/2

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statement under Section 164 of the Code of Criminal Procedure stated that she had voluntarily left the house, as she was not willing to marry with the person with whom the family had settled marriage.

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Considering the statement of the victim girl , let the appellants, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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Accordingly, the impugned order is set aside and this appeal stands allowed.

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(Birendra Kumar, J)

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Gopi Ram and Anr. v. The State Of Bihar

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Gopi Ram and Anr. v. The State Of Bihar

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