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2017 Supreme(SC) 852

R.K.AGRAWAL, ASHOK BHUSHAN
Manju Devi – Appellant
Versus
Onkarjit Singh Ahluwalia @ Omkarjeet Singh – Respondent


Advocates Appeared:
For the Appellant :Sanjeev Kumar, Advocate
For the Respondents:Abhinav Mukerji, Suman Jyoti Khaitan, Himanshu Shekhar, Advocates

JUDGMENT :

R.K. Agrawal, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 03.12.2014 passed by the learned single Judge of the High Court of Judicature at Patna in Criminal Miscellaneous No. 25561 of 2014 whereby the High Court granted anticipatory bail to the respondents herein accused of commission of offence under Sections 323, 354 and 452 of the Indian Penal Code, 1860 (in short 'the IPC') and Section 3(1) (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the SC/ST Act').

3. Brief facts:

(a) On 04.05.2009, one Manju Devi - the appellant herein-the complainant, filed a complaint being Complaint Case No. 1079C/09 in the Court of Chief Judicial Magistrate, Begusarai under Sections 323, 354 and 452 of the 'IPC' and Section 3(1)(xi) of 'the SC/ST Act' stating that on the fateful day, i.e., on 18.04.2009, at around 3:00 p.m., the respondents entered into her quarter and caught hold of her in order to outrage her modesty. When the appellant herein somehow managed to come out of their clutches, the respondents abused her and her family members on their caste by calling them 'Harijans and Dhobis' and thre


















































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