Kundan Prasad @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.440 of 2019 Arising Out of PS. Case No.-20 Year-2017 Thana- SC/ST District- Nawada ====================================================== Kundan Prasad @ Kundan Kumar, Son of Damodar Mahto, Resident of Village-Godapar, P.s.- Warisaliganj, District- Nawada ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Deepak Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-02-2019 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 10.01.2019 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, Nawada in ABP No. 42 of 2019/03 of 2019 arising out of SC/ST(Nawada) P.S.Case No. 20 of 2017 registered under Sections 323, 504 and 506 of the Indian penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant is that he abused the informant by taking caste name and also misbehave with her along with others.

Submission of learned counsel for the appellant is that except Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, other sections of penal code are

Patna High Court CR. APP (SJ) No.440 of 2019 dt.07-02-2019 2/2 bailable in nature and so far allegation of under section of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act nothing has been attributed against him and dispute arose with regard to demand of wages. Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, 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) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Nawada in ABP No. 42 of 2019/03 of 2019 arising out of SC/ST(Nawada) P.S.Case No. 20 of 2017; 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 him.

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