Single judge oral order rejecting application for anticipatory bail under the SC/ST (POA) Act in a rape case, while offering to consider regular bail upon surrender.
Application for anticipatory bail rejected; regular bail considered on surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4015 of 2019
Arising Out of PS. Case No.-12 Year-2014 Thana- SC/ST District- Buxar
======================================================
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Vijay Kumar For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
7 19-12-2019 Heard the parties.
By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 1.4.2019 passed in SC/ST P.S.Caes No.12 of 2014/G.R.no.1251 of 2014 of for the offences punishable under Section 395, 397, 376 of the Indian Penal Code and Section 3(i)(x) of SC/ST (POA) Act by the learned Addl. Sessions Judge Ist cum Special Judge, Buxar whereby and where-under, the appellants’ application for grant of anticipatory bail has been rejected.
As per FIR, there is allegation against the appellants
Patna High Court CR. APP (SJ) No.4015 of 2019(7) dt.19-12-2019 2/2
of committing rape upon the complainant.
Submission of the learned counsel for the appellants is that none of the independent witness has supported the prosecution case and now the matter has also been compromised and there is land dispute and earlier a case had also been lodged with respect to the earlier occurrence by the appellants’ side.
Hard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant privilege of anticipatory bail to the appellants, however, if they surrender and pray for regular bail, the same shall be considered by the learned Special Judge on the basis of the materials available in the case diary without being prejudiced by the order of this Court, if possible to be disposed of on the same day.
(Vinod Kumar Sinha, J)
chn/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving offences under the SC/ST (Prevention of Atrocities) Act.
Whether the compromise in a case involving land dispute and absence of independent witnesses warrants anticipatory bail.
3 provisions across 2 enactments
Jhulan Yadav @ Jhulan Singh & Anr.
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
