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2017 DIGILAW 365 (JHR)

Uma Devi v. The State Of Jharkhand

2017-02-20

ANANT BIJAY SINGH

body2017
ORDER Mr. Anant Bijay Singh, J. – The appellant has preferred this appeal being aggrieved by the order dated 10.06.2016 passed by Addl. Sessions Judge-I, Hazaribag in A.B.P. No. 1382/2015 whereby the anticipatory bail of the appellants was rejected. 2. Learned counsel for the appellant is submitted that no case under the SC & ST Act is made out. 3. Under order dated 27.07.2016 injury report was called for and the injury report dated 07.03.2016 shows that the appellants have received 6 injuries on the head caused by hard and blunt substance. 4. Learned APP while opposing the prayer for bail submitted that the anticipatory bail is not maintainable under Section 18 of the SC & ST Act. 5. After hearing the parties and also going through the records and the allegation prima facie it appears that the claimants have not disclosed the name of the appellants who have abused the informant taking his caste name. 6. In the facts and circumstances of the case, this appeal is allowed and the order dated 10.06.2016 passed by Addl. Sessions Judge-I, Hazaribag in A.B.P. No. 1382/2015 is hereby set aside. The above named appellants are directed to surrender in the Court below within five weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named appellants on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Hazaribag in connection with Sadar (ST/SC) P.S. Case No. 25/2015 corresponding to G.R. No. 4432/2015, subject to the conditions laid down under Section 438 (2) of the Cr.P.C and subject to the further condition that the appellants shall deposit Rs.5,000/- each in the court below as ad interim compensation to the informant on the date of surrender. 7. On deposition of the aforesaid amounts by the appellants, the court below shall issue notice to the informant-Nakul Rajak and on his appearance and proper verification shall release the aforesaid amount in favour of the informant-Nakul Rajak. 8. The aforesaid deposit of amount will not prejudice the case of the appellants during the course of trial. 9. Let a copy of this order be communicated to the court below.