Devendra Verma @ Devendra Kumar Verma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.284 of 2019 Arising Out of PS. Case No.-61 Year-2016 Thana- SC/ST District- Araria ======================================================

1. Devendra Verma @ Devendra Kumar Verma, son of Chandu Lal Das

2. Kiran Verma wife of Devendra Verma @ Devendra Kumar Verma

3. Kunal Verma son of Devendra Verma @ Devendra Kumar Verma All Resident of village - Kali Bazar , Ward No. 22 P.S. and District - Araria ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anil Prasad Singh For the Respondent/s :

Mr.Usha Kumari(Spp247) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 03.01.2019 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, Araria in ABP No. 2102 of 2018 in connection with Spl. Case No. 68 of 2017 arising out of Araria (SC/ST) P.S.Case No. 61 of 2016 registered under Sections 323, 379, 447, 504 and 506/34 of the Indian penal Code and Sections 3(i) (r) (z)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 .

Allegation against the appellants is of dispossessing the informant from the land.

Submission of learned counsel for the appellants is that

Patna High Court CR. APP (SJ) No.284 of 2019 dt.24-01-2019 2/2 there is land dispute in between the parties and police has submitted final form finding the case not true but the cognizance has been taken.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let appellants, named above, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Araria in ABP No. 2102 of 2018 in connection with Spl. Case No. 68 of 2017 arising out of Araria (SC/ST) P.S.Case No. 61 of 2016; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date