Binod Kumar Yadav & Ors. vs The State of Jharkhand

Appellants have preferred an application under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, being aggrieved and dissatisfied with the order dated 12.04.2016 passed by learned Additional Judicial Commissioner-I, Ranchi, which arises out of Dhurwa P.S. Case No. 152 of 2015, corresponding to G.R. No. 3534 of 2015, registered under Sections 341, 323, 34 of the I.P.C. and Section 3 / 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, lodged on the basis of one written report given by Tara Muni Devi, whereby the learned Special Judge has rejected the prayer for anticipatory bail of the appellants.

Learned counsel for the appellants has submitted that appellants are innocent and have not committed any offence whatsoever under the law.

Be that as it may, I am inclined to admit the appellants on bail. The above named appellants are directed to surrender in the Court below within four 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 bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Dhurwa P.S. Case No. 152 of 2015, corresponding to G.R. No. 3534 of 2015, subject to the condition that on the date of surrender, appellants shall deposit Rs. 1,000/- each in the court below, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Thereafter, the court below will issue notice to the informant - Tara Muni Devi and on her appearance and after proper verification shall release the aforesaid amount in favour of the informant by way of compensation under SC/ ST Act .

Appeal is allowed.

The aforesaid deposition will not prejudice the case of the appellants during course of trial.

Let a copy of order be communicated to the trial court.