Amit Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4189 of 2018 Arising Out of PS. Case No.-93 Year-2018 Thana- AWTARNAGAR District- Saran ======================================================

1. Amit Singh and Ors

2. Vinay Singh Both Son/s of Sri Umesh Singh

3. Sushil Kumar Singh @ Sushil Singh S/o Late Ram Vinod Singh All Resident of Villager-Fatehpur Chain Suara,P.S. Avtarnagar,Distt.-Saran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anuj Kumar Shrivastava For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-01-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 27.9.2018 passed in ABP No.3291 of 2018 (Avtarnagar P.S.Case no.93 of 2018) for the offences punishable under Section 376, 511, 323, 504/34 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act by the learned 1st Addl. Sessions Judge, Saran at Chapra whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation is against one another co-accused of attempting to committing rape on the informant and when she protested about the same, accused persons including the appellant abused by caste name and also assaulted by fists and slaps.

Submission of the learned counsel for the appellant is that no specific allegation has been attributed against the appellants and there is

Patna High Court CR. APP (SJ) No.4189 of 2018 dt.22-01-2019 2/2 general and omnibus allegation and the main allegation is against one Kumesh Singh.

Hard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellants, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25(twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Ist Addl. Sessions Judge, Saran at Chapra in connection with Avtarnagar P.S.Case no.93 of 2018, subject to condition as laid down under Section 438 of Cr.P.C.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.1.2019 Transmission Date 24.1.2019