Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.870 of 2018 Arising Out of PS.Case No. -559 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Sunil Sah son of Kamleshwari Sah resident of Indarva, P.S. Sour Bazar, District : Saharsa.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mrs. Rashmi Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa in Sour Bazar P.S. Case No. 559 of 2017 registered under Sections 341, 323, 354B, 504, 506/34 of the Indian Penal Code as well as Sections 3(1)(r)(u)(w)(i) of the SC/ST Act.

The occurrence of abuse, assault and theft as well as attempt to outrage the modesty of the informant took place inside the house. The parties have entered into a compromise. Learned Special Public Prosecutor has opposed the prayer for bail.

Patna High Court CR. APP (SJ) No.870 of 2018 (2) dt.29-03-2018 2/2 Considering the aforesaid facts as well as the fate of the trial after compromise, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T