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Patna High CourtCR. APP (SJ)/1444/2019allowed

Sigasan Singh v. The State Of Bihar

2019-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1444 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- ROHTAS District- Rohtas ====================================================== 1.

Sigasan Singh Son of Late Baudh Mahto 2.

Ranjeet Singh 3.

Ajeet Singh @ Ajeet Kumar Both are sons of Sigasan Singh, all are Residents of Village - Chitauli, P.S.- Rohtas, District- Rohtas ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Tiwari For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 11-04-2019 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 07.03.2019 passed by the learned 1st Addl. District and Sessions Judge, Sasaram, Rohtas in Reg. No. 331 of 2018 arising out of Rohtas P.S.Case No. 307 of 2018 registered under Sections 323, 341, 379, 504/34 of the Indian penal Code and Sections 3(i)(r)(s)W(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellants is that they entering inside the house of the informant, assaulted and abused her by taking caste name and also snatched golden chain. Submission of learned counsel for the appellants is that

Patna High Court CR. APP (SJ) No.1444 of 2019 dt.11-04-2019 2/2 FIR itself shows that the appellant no. 3 was playing song in high tune and during that some scuffle took place as such in order to make case heinous , allegation of abusing by caste name has been levelled.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, 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. District and Sessions Judge, Sasaram, Rohtas in Reg. No. 331 of 2018 arising out of Rohtas P.S.Case No. 307 of 2018; 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