Raghubar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3436 of 2017 Arising Out of PS.Case No. -210 Year- 2017 Thana -ITADHI District- BUXAR ======================================================

1. Raghubar Rai, Son of Late Bhola Rai

2. Hari Shankar @ Shankar Rai

3. Bablu Rai

4. Jammu @ Jhabbu Rai.

Appellant Nos.2 to 4 Sons of Raghubar Rai All Residents of VillageKhaliba, P.S. Irarhi, District-Buxar. .... .... Appellants

Versus

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

For the Appellant/s : Mr. Satyapal Singh, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-01-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Additional Sessions Judge-1-cum-Special Judge, SC/ST Court, Buxar in connection with Itarhi P.S.Case No. 210 of 2017 registered under Sections 447,341,323,504,506,379,427,34 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.

The FIR reveals that the allegation of commission of offence under the provisions of SC/ST Act is against co-

Patna High Court CR. APP (SJ) No.3436 of 2017 (3) dt.05-01-2018 accused Chandi Rai. No such allegation is against the appellants.

Hence, considering the nature of allegation, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Itarhi P.S.Case No. 210 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T