Allowed

Ashutosh Kumar @ Ashutosh Yadav v. The State Of Bihar

Patna HC7 Sept 2018CR. APP (SJ)/3368/2018

Case brief

AI extract

What is this about?

This criminal appeal challenged the Sessions Judge's refusal of anticipatory bail in a contemplated SC/ST case. The High Court impressed upon the appellant, who was willing to file an affidavit ensuring non-interference in the matrimonial life of the informant, that fulfilling this condition would grant him bail. The appeal was accordingly allowed.

What did the court decide?

The impugned order refusing anticipatory bail was set aside and the appeal was allowed.

Ashutosh Kumar @ Ashutosh Yadav 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.3368 of 2018

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Arising Out of PS. Case No.-253 Year-2017 Thana- MANIGACHI District- Darbhanga

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

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Ashutosh Kumar @ Ashutosh Yadav, S/o Laxmi Yadav, R/o VillageGopalpur, Police Station- Manigachhi, District – Darbhanga.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Girish Chandra Jha For the Respondent/s : Smt. Usha Kumari No-1 ======================================================

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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) 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 27.06.2018 passed by the learned Sessions Judge, Darbhanga in A.B.P. No.787 of 2018, arising out of Manigachhi Police Station Case No.253 of 2017 registered under Sections 341, 323, 324, 325, 307, 354, 379, 427, 504, 506/34 of the Indian Penal Code and Sections 3 (i) (r) (s) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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The F.I.R. would reveal that Anila Devi , niece of this appellant married with the informant in the year, 2008. The marriage was not liked by the family members and for that reason, other named persons allegedly assaulted to the informant and others. The appellant also caused injury with Tengari near the forehead and left shoulder of

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Patna High Court CR. APP (SJ) No.3368 of 2018 dt.07-09-2018 2/2

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the informant. The appellant is ready to file affidavit before the learned court below that the appellant and his family members would not interfere in the matrimonial life of the informant.

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In the event of filing of the aforesaid affidavit , let the appellant, above named, in the event of his 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 bond of Rs.20,000/(Rupees Twenty Thousand) 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 appellant shall fully co-operate with the investigation/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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The violation of the affidavit would be a ground for cancellation of bail of the appellant by the learned court below.

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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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abhishek/-

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Ashutosh Kumar @ Ashutosh Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ashutosh Kumar @ Ashutosh Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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