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2019 Supreme(Jhk) 1790

ANUBHA RAWAT CHOUDHARY
Ashok Sao – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
Vishal Kumar Trivedi, Adv., Birendra Burman, Adv.

JUDGMENT

Anubha Rawat Choudhary, J. - Heard counsel for the parties.

2. This appeal has been filed against the order dated 25.05.2019 passed in M.C.A. No. 543 of 2019, arising out of Complaint Case No. 43 of 2017, whereby the bail application of the appellant has been rejected by learned Special Judge, SC/ST Act, Giridih.

3. The complaint case was filed under Sections 341,323,307,379,506,34 of the Indian Penal Code read with Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989. Counsel for the appellant submits that as is apparent from the impugned order itself, cognizance has been taken under Sections 341,323,379,506,34 of the Indian Penal Code and Section 3/4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Counsel for the appellant submits that the learned court below has failed to take note of the fact that neither in the petition it has been stated that the occurrence took place in a place within public view, nor there is any averment that the appellant is not a member of Scheduled Castes or Scheduled Tribes. He further submits that so far as sections 341,323,506,34 of the Indian Penal Code are bailable, Section

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