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2005 Supreme(Jhk) 301

AMARESHWAR SAHAY
RAM KUMAR SINHA – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates Appeared:
ARUN KUMAR SINHA, R.S.Mazumdar

Judgment :

( 1 ) THE question for consideration in this case is, as to whether, in view of Section 18 of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities)Act, 1989, this application for grant of Anticipatory Bail, which arises of Complaint case No. 630 of 1996 in which cognizance has been taken under Sections 420 and 384 of the Indian Penal Code and Section 3 (2) (v) of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989 is maintainable and whether the petitioner is entitled to the relief prayed for by him in this application?

( 2 ) THE complainant Most. Parvatia Harin, filed a complaint case before the Chief Judicial Magistrate, Giridih, against four accused persons, including the petitioner, which was registered as Complaint Case No. 630 of 1996. It has been alleged in the complaint petition that she retired as a Sweeper from Giridih Municipality. She was entitled to get Gratuity after retirement but in spite of repeated demands, she was not paid Gratuity, which was equal to the salary of six and half months. It is alleged that the accused persons with a common intention decided to show an ad hoc payment of Rs. 6. 000/- in the relevant















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