This is an appeal against the refusal of regular bail under the SC/ST Act. The High Court set aside the refusal, released the appellant on bail with a bond of Rs. 20,000 and two sureties, and directed cooperation in the investigation.
Appellant released on bail with bond of Rs. 20,000 and two sureties; impugned order set aside.
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.3393 of 2018
Arising Out of PS. Case No.-436 Year-2017 Thana- FORBESGANJ District- Araria
======================================================
Nirpendra Yadav @ Nirpendra Kumar Yadav, S/o Sakaldeo Yadav @ Shashal Dev Yadav, R/o Vill.- Arraha, Ward No. 01, Parwaha, P.S.- Forbesganj, District- Araria.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Kundan Kumar Singh For the Respondent/s : Mr. Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 10-09-2018
Heard learned counsel for the parties.
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 regular bail vide order dated 10.08.2018 passed by the learned 1st Additional Sessions Judge, Araria, in Special SC/ST Case No.206 of 2017, arising out of Forbesganj Police Station Case No.436 of 2017 registered under Sections 448, 354-A, 354B, 379, 504, 506 of the Indian Penal Code as well as Section 3(1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Allegation against the appellant is that he entered into the house of the informant with some illicit motive on
Patna High Court CR. APP (SJ) No.3393 of 2018 dt.10-09-2018 2/2
03.04.2017. The F.I.R. was lodged on 15.06.2017 with explanation that since Panchayati was to be held of the matter, therefore, the same was not reported to the Police. There is counter case also.
Considering the entire facts aforesaid, let the appellant, 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 the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J)
abhishek/-
| AFR/NAFR |
|---|
| CAV DATE |
| Uploading Date |
| Transmission Date |
2 issues framed by the court
Whether to allow bail in a case under the SC/ST Act and IPC sections related to offences against women and property.
Whether the impugned order refusing bail should be set aside.
3 provisions across 3 enactments
Nirpendra Yadav
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
