Appeal against rejection of anticipatory bail allowed. Order refusing bail set aside. Anticipatory bail granted in SC/ST and IPC offences pending surrender.
Order refusing anticipatory bail set aside. Anticipatory bail granted subject to surrender within six weeks and furnishing bail bonds.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.967 of 2020
Arising Out of PS. Case No.-5 Year-2020 Thana- SC/ST District- Samastipur
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Kamlesh Kumar Pathak For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The matter relates to grant of anticipatory bail to the
appellants in connection with a case registered for the offences
Patna High Court CR. APP (SJ) No.967 of 2020(2) dt.12-02-2021 2/3
under Sections 147, 149, 323, 341, 354, 504, 506 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989.
The prosecution case, in short is that the appellants abused the informant by calling her caste name and appellant No.1 pulled Saree of the informant and assaulted her by fists and slaps.
It has been submitted on behalf of the appellants that the appellants have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the present case. General and omnibus allegation has been made. No deadly weapon is said to have been used in course of occurrence. The alleged occurrence has not taken place within public view. Hence no offence under the SC/ST Act is attracted in the present case.
On behalf of the State, it is submitted that the appellants are named in the F.I.R.
In view of the aforesaid facts and circumstances, the order dated 04.02.2020, passed by the learned Additional Sessions Judge 1st-cum-Special Judge, SC/ST Act, Samastipur vide A.B.P. No.188 of 2020 in connection with SC/ST
Patna High Court CR. APP (SJ) No.967 of 2020(2) dt.12-02-2021 3/3
Samastipur P.S. case No.05 of 2020, is set aside. The criminal appeal is allowed.
Accordingly, the appellants, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st-cum-Special Judge, SC/ST Act, Samastipur in connection with SC/ST Samastipur P.S. case No.05 of 2020.
(Sudhir Singh, J)
Narendra/-
U T
3 issues framed by the court
Whether the joint appeal filed by the appellants challenging the refusal of anticipatory bail can be allowed.
Whether the conviction order passed by the Additional Sessions Judge should be set aside.
Whether anticipatory bail should be granted to the appellants in the murder and SC/ST offences.
2 provisions across 2 enactments
Brahm Dev Giri and others
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
