An appeal against the rejection of anticipatory bail in a caste atrocity case. The high court directed bail for three female appellants lacking specific allegations but denied anticipatory bail to the male appellant.
Appellants 1, 2, 3 released on anticipatory bail with ₹20,000 bonds each; Appellant 4 directed to seek regular bail.
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.4191 of 2019
Arising Out of PS. Case No.-67 Year-2019 Thana- SC/ST District- East Champaran
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... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 19-12-2019
Heard learned counsel for the parties.
This is an appeal under Section 14-A(2) 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 28.08.2019 in A.B.P. No. 2284 of 2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, East Champaran at Motihari in connection with Motihari SC/ST P.S. Case No. 67 of 2019 registered under Sections 341, 323, 324, 307, 379, 504 of the Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.
In the occurrence of assault, co-accused Nayan Singh
Patna High Court CR. APP (SJ) No.4191 of 2019 dt.19-12-2019 2/3
caused injury at the head of the informant with dagger and appellant no. 4 Gatilal Singh committed theft of cycle and one thousand rupees. Other appellants bear general and omnibus allegation and they are females.
Learned Special Public Prosecutor opposed the prayer for anticipatory bail.
Considering the fact that there is no specific attribution against appellant Indu Devi, Subhasini Devi and Jyoti Kumari, let them be released, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant no. 1, 2 and 3 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 no. 1, 2 and 3 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.
Patna High Court CR. APP (SJ) No.4191 of 2019 dt.19-12-2019 3/3
Appellant no. 4 Gatilal Singh may surrender and pray for regular bail, in view of the allegation, he does not deserve the
protection of anticipatory bail.
Accordingly, this appeal is partly allowed and
partly dismissed.
(Birendra Kumar, J)
Kundan/-
| AFR/NAFR | N.A. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 20.12.2019 |
| Transmission Date | 20.12.2019 |
1 issue framed by the court
Whether anticipatory bail should be granted to appellant no. 1, 2 and 3 who face no specific attribution.
4 provisions across 3 enactments
Indu Devi
Subhasini Devi
Jyoti Kumari
Gatilal Singh
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
