Dashrath Mahto @ Dashrath Singh @ Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2634 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -DARIHAT District- SASARAM (ROHTAS) ===========================================================
1. Dashrath Mahto @ Dashrath Singh @ Singh, S/o Late Manu Mahto,
2. Jitendra Mahto @ Jitendra Singh S/o Dashrath Mahto @ Dashrath Singh, Both are R/o Vill.- Bhusahula, P.S.- Darihat, District- Rohtas. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Bhaskar Shankar, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-08-2018 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 the refusal of prayer for bail by order dated 26.05.2018 in Registered Case No.109 of 2017 passed by the learned Additional Sessions Judge-I, Rohtas at Sasaram in connection with Darihat Police Station Case No.30 of 2018 registered under Sections 304,201,34 of the Indian Penal Code and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The son of the informant died of electrocution when he came into contact with the live electricity passed in the fencing wire on the land of the appellants.
Patna High Court CR. APP (SJ) No.2634 of 2018 dt.06-08-2018 2/2 Considering the nature of allegation, let the appellants, above named, who have got no criminal antecedent and they are in custody since 21.05.2018, 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) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date07.08.2018 Transmission Date 07.08.2018