Kundan Kumar @ Kundan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1070 of 2021 Arising Out of PS. Case No.-479 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.
Kundan Kumar @ Kundan Kumar Singh Son of Shyam Babu Singh 2.
Shyam Babu Singh Son of Late Ramdahin Singh 3.
Saroj Devi Wife of Shyam Babu Singh 4.
Rita Devi Wife of Ram Babu Singh All above resident of Village- Magaidih, P.S.- Chapra Muffasil, DistrictSaran at Chapra. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Udai Shankar Singh, Adv.
For the Respondent/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-11-2021 Heard learned counsel for the appellants as well as learned Special P.P. for the State.
Learned counsel for the appellants is directed to remove all the defects as pointed out by the Stamp Reporter within one month.
This appeal has been preferred on behalf of the appellants under Section 14A of the SC & ST (Prevention of Atrocities) Act,1989 for setting aside the order dated 10.12.2020 passed by the learned First Additional Sessions Judge-cumSpecial Judge SC/ST Act, Saran at Chapra, in connection with Chapra Muffasil P.S. Case No.479 of 2020, registered for the offences punishable under Sections 341, 323, 354, 504/34 of
Patna High Court CR. APP (SJ) No.1070 of 2021(2) dt.01-11-2021 2/3 the Indian Penal Code and Section 3(1)(r)(s) of the SC & ST (POA) Act, whereby the prayer for anticipatory bail of the appellants has been rejected.
Learned counsel for the appellants has submitted that the co-accused persons, having similar allegation, has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Appeal (SJ) No.910 of 2021, vide order dated 02.07.2021. He has further submitted that the case has been compromised. In support of his submission, Annexure-3 has been filed which is xerox copy of compromise petition.
Considering the facts and circumstances of the case, this Court does not see any reason as to why the similar benefit has granted in Cr. Appeal (SJ) No.910 of 2021 should not be provided to the appellants. As such, the appeal is allowed. The impugned order dated 10.12.2020 is set aside. Let the appellants above named, in the event of arrest or surrender, within four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned First Additional Sessions Judge-cumSpecial Judge SC/ST Act, Saran at Chapra in connection with Chapra Muffasil P.S. Case No.479 of 2020.
Patna High Court CR. APP (SJ) No.1070 of 2021(2) dt.01-11-2021 3/3 Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para-2 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J) Prakash Narayan /- U T