Patna High CourtCR. APP (SJ)/262/2020allowed

Dipak Kumar @ Deepak Kumar v. The State Of Bihar

2020-02-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.262 of 2020 Arising Out of PS. Case No.-589 Year-2018 Thana- FATUA District- Patna ====================================================== 1.

DIPAK KUMAR @ DEEPAK KUMAR Son of Om Prakash Pandit Resident of Village - Khushiyalpur, P.S.- Fatuha, District- Patna 2.

Mukesh Kumar Son of Om Prakash Pandit Resident of Village - Khushiyalpur, P.S.- Fatuha, District- Patna 3.

Sujeet Kumar @ Pakauri Son of Om Prakash Pandit Resident of Village - Khushiyalpur, P.S.- Fatuha, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sunil Prasad For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against refusal of the prayer for bail by order dated 11.12.2019 in Special Case No. 529 of 2018 (arising out of Fatuha P.S. case No. 589 of 2018) passed by learned Additional District and Sessions Judge-VIII Cum Special Judge SC/ST Act, Patna in connection with aforesaid case, registered under Sections 448,341,323,324,325,354,379/34 of the Indian Penal Code as well as Sections 3 (i), (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.262 of 2020(2) dt.05-02-2020 2/2 Considering the nature of offences of alleged against the appellants in the F.I.R., let the appellants, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Ranjeet/Gaurav U T