Krishna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1853 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- SC/ST District- Rohtas ====================================================== 1.
KRISHNA SINGH Son of Sri Jai Bishun Singh @ Jai Bishun Yadav Resident of Village - Levan, P.S.- Kachhawa, District- Rohtas 2.
Rishi Kumar Son of Krishna Singh Resident of Village - Levan, P.S.- Kachhawa, District- Rohtas 3.
Shakuntala Devi Wife of Krishna Singh Resident of Village - Levan, P.S.- Kachhawa, District- Rohtas ... ... Appellant/s
Versus
THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Rajesh Mohan For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 23-05-2019] Heard learned counsel for the parties.
This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 15.03.2019 passed by learned Additional Sessions Judge, 1st, Rohtas at Sasaram in connection with SC/ST (Dehri) P.S. Case No. 01 of 2019 registered under Sections 435, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST (POA) Act, whereby the prayer for prearrest bail of the appellants has been rejected. Learned counsel appearing for the appellants submits that the appellants, who are of clean antecedent, are innocent and have not committed any offence. In fact, on account
Patna High Court CR. APP (SJ) No.1853 of 2019 dt.23-05-2019 2/2 of an earlier case being Kachchhwa P.S. Case No. 110 of 2018, these appellants have falsely been made accused in this case. No specific case is made out against the appelalnts. Hence, the appellants may be granted the privilege of pre-arrest bail. Considering the facts and circumstances of the case, let the above named appellants in the event of their surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 01 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C. Accordingly, this appeal is allowed and the impugned order is set aside.
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