The High Court allowed an appeal seeking pre-arrest bail for appellants charged with offences under IPC Section 504 and the SC/ST Act arising from a family dispute involving marriage and alleged custody issues.
Appellants enlarged on bail upon furnishing bond of Rs. 10,000/- each with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1580 of 2019
Arising Out of PS. Case No.-49 c Year-2017 Thana- COMPLAINT CASE DistrictKishanganj
======================================================
... ... Appellants.
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. N. K. Agrawal, Sr. Adv. Mr. Dhananjaya Nath Tiwari, Adv. Ms. Preety Kunwar, Adv. For the Respondent/s : Mr. Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
4 04-07-2019 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.
The appellants seek pre-arrest bail in connection with Complaint Case No.49C of 2017 registered under Section 504 of the Indian Penal Code and Section 3 (1) (r) (a) (u) (v) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989.
The daughter of appellant no.1-Gopal Sharma and
son of the informant has performed Court marriage in
Patna High Court CR. APP (SJ) No.1580 of 2019(4) dt.04-07-2019 2/3
Ghaziabad but Gopal Sharma has lodged a false and frivolous case of kidnapping his daughter against son of the informant and others vide Kishanganj Case No.403/2017 in which the police has submitted the final form. The son of the informant had lodged a case in the Family Court for restitution of conjugal right and when he came out of the Court after taking date in the said case appellants assaulted and slated him in the name of his caste.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case. As a matter of fact, the son of the informant has kidnapped the daughter of the appellant no.1 for which appellant no.1 has lodged Kishanganj P.S. Case No.403/2017 in which the police submitted final form against the informant and others despite the protest petition filed by the informant. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under Section SC/ST Act is made out against the appellants. Appellants have no criminal antecedent. Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the
Patna High Court CR. APP (SJ) No.1580 of 2019(4) dt.04-07-2019 3/3
above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Kishanganj in connection with Complaint Case No.49 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
3 issues framed by the court
Whether to grant pre-arrest bail to appellants charged under Sections 504 IPC and the SC/ST Act.
Whether the marriage dispute constitutes false implication or genuine cognizable offence involving kidnapping.
Whether the appeal challenging the refusal of bail should be allowed.
1 provisions across 1 enactments
Gopal Sharma
Sushil Sharma
Mukund Kumar Sharma
State of Bihar
Satyendra Kumar Das
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
