Appeal against refusal of anticipatory bail in a case involving caste-based offence under the SC/ST Act and IPC. The High Court dismissed the appeal, rejecting the prayer for bail.
Anticipatory bail prayer rejected; Appeal dismissed.
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.3801 of 2019
Arising Out of PS. Case No.-285 Year-2018 Thana- GUTHANI District- Siwan
====================================================== KAMLESH YADAV S/o Hari Shankar Yadav Resident of Village - Barpalia, P.S.- Guthani, dist.- Siwan.
... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Gajendra Kumar Singh For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
4 16-11-2019 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.
This is an appeal under Section 14(A) (2) of the SC/ST Act against the refusal of prayer for bail vide order dated 03.08.2019 passed by the 1st Additional Sessions Judge-cumSpecial Judge, Siwan in A.B.P. No. 1332 of 2019 arising out of Guthani P.S. Case No. 285 of 2018 registered for the offence punishable under Sections 341, 323, 354B, 379, 504 of the Indian Penal Code and Section 3(i)(s), 3(2)(va) of the SC/ST Prevention of Atrocities Act.
Prosecution case as lodged by the informant is that on
Patna High Court CR. APP (SJ) No.3801 of 2019(4) dt.16-11-2019 2/3
26.12.2018 at 7 P.M. when she was at her shop situated at seldar at that time, Kamlesh Yadav (appellant) came to her shop in drunken condition and started abusing by her caste name. She asked him not to abuse upon which he entered into her shop and pushed her on the ground, pulled her sari and started pressing her breast. He tried to commit rape on which she raised alarm then nearby persons went there. He took away three gold locket of Rs. 20,000/- and sale proceeds of shop at about Rs. 20,000/and spit on her mouth and fled away. He is a criminal and convict from before. Due to busy in treatment on 29.12.2018 she gave this application.
Learned counsel for the appellant submits that the informant had taken loan of Rs. 5000/- from Sugendra Chaudhary, uncle of the appellant. He submits that there is no eye witness to the said occurrence. Learned counsel further submits that the appellant is also an accused in Guthani P.S. Case No. 10 of 1997 under Section 147, 148, 341, 323, 324, 347, 307 of the I.P.C.
Considering the facts and circumstances of the case, I am not inclined to enlarge the appellant on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Guthani P.S. Case No. 285 of 2018 pending
Patna High Court CR. APP (SJ) No.3801 of 2019(4) dt.16-11-2019 3/3
before the court of the learned 1st Additional Sessions Judgecum-Special Judge, Siwan.
Accordingly, the appeal is dismissed.
(Anjani Kumar Sharan, J)
devendra/-
U T
2 issues framed by the court
Whether the appellant is eligible for anticipatory bail considering the gravity of the offences under the SC/ST Act and IPC.
Whether the refusal of bail by the Special Judge should be set aside.
3 provisions across 2 enactments
Kamlesh Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
