Mukul Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3974 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- PUNPUN District- Patna ====================================================== Mukul Pandit Son of Lorik Pandit Resident of Village-Nirman Chak, P.S. Punpun, Distt.-Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ghanshyam Sharma, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 15.09.2018 passed by learned Additional Sessions Judge-IV-Cum-Special Court of (S.C./S.T. Act), Patna in A.B.P. No. 6807 of 2018 , arising out of Punpun Police Station Case No.116 of 2018, registered under Sections 341/323/379/353/504 & 506 of the Indian Penal Code and Section 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Wife of the appellant and the informant are teacher in the same school. For some trivial dispute allegation is of commission of abuse and assault as well as theft of personal

Patna High Court CR. APP (SJ) No.3974 of 2018 dt.17-12-2018 2/2 belongings. The parties have entered into a compromise. The appellant has stated on oath that he has got no criminal antecedent.

Considering the entire facts, 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 the appeal is allowed.

Mkr./- (Birendra Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2018 Transmission Date 18.12.2018