Sunil Singh @ Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2416 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -GARKHA District- SARAN ===========================================================

1. Sunil Singh @ Abhishek Kumar Singh S/o Late Bindeshwari Singh, R/o Vill.- Jigna, P.S.- Garkha, District- Saran (Chapra). .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Brij Kishore Mishra, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 16-08-2018 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 anticipatory bail vide order dated 22.06.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra, in A.B.P. No.1699 of 2018, arising out of Garkha Police Station Case No.126 of 2018, registered under Sections 341/323/504/353 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is husband of the headmistress of the school and the informant is a teacher in that school. For trivial dispute

Patna High Court CR. APP (SJ) No.2416 of 2018 dt.16-08-2018 P2/ allegation is of commission of abuse and assault. There is case and counter case. The appellant has stated on oath that he has got no criminal antecedent.

Considering the facts of this case aforesaid, 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 bonds of Rs.20,000/- (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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date18.08.2018 Transmission Date 18.08.2018