This is an appeal against the refusal of bail in a case involving offences under PoA Act and IPC. The appellate court allowed bail release after hearing counsel and considering the plea of false implication and compromise.
Accused released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount.
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.4661 of 2019
Arising Out of PS. Case No.-273 Year-2019 Thana- BAKHARI District- Begusarai
======================================================
Pravej Kumar @ Pravesh Kumar Son of Rajendra Chaoudhary Resident of Village - Budhwara, P.S.- Alauli, Distt - Khagaria.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 04-11-2019
Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of bail vide order dated 21.09.2019 passed by learned Special Judge, SC/ST (PoA) Act, Begusarai in Bakhri P.S. Case No. 273 of 2019 registered under Sections 354(A), 452, 376/511 of the Indian Penal Code and Sections 3(1)(s), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Appellant intruding into the house of the informant tried to outrage her modesty. He was apprehended by the villagers and her family members arriving there responding
Patna High Court CR. APP (SJ) No.4661 of 2019(2) dt.04-11-2019 2/2
hulla made by her.
It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to dirty village politics. Parties to the case have compromised the matter. Appellant has no criminal antecedent and has been languishing in custody since 7.09.2019.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, let the above named appellant be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (PoA) Act, Begusarai in Bakhri P.S. Case No. 273 of 2019.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
2 issues framed by the court
Whether the accused should be released on bail despite the nature of offences under PoA Act and IPC.
Whether the compromise between parties and lack of antecedents justify granting bail.
3 provisions across 2 enactments
Pravej Kumar @ Pravesh Kumar
The State Of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
