Manita Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1276 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -PARAIYA District- GAYA ===========================================================

1. Manita Kumari, D/o Chandra Mani Yadav,

2. Bimlesh Yadav @ Bimlesh Kumar, Son of Chandra Mani Yadav,

3. Arvind Yadav @ Arvind Kumar, Son of Chandra Mani Yadav, All resident of Village- Bhairopur, P.S.- Paraiya, District- Gaya. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 14-05-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned Special Judge (S.C./S.T. Act), Gaya in Paraiya P.S. Case No. 09 of 2018 registered under Sections 341, 323, 325, 427, 379, 504, 506/34 of the Indian Penal Code as well as Section 3(1)(r)(s) of the SC/ST Act. Specific allegation is against co-accused Munna Yadav. There is general and omnibus allegation against the appellants that after consuming Ganja, they abused and assaulted to the informant.

Patna High Court CR. APP (SJ) No.1276 of 2018 dt.14-05-2018 2/2 Submission is that some other co-accused have already been allowed anticipatory bail by this Court vide order dated 22.03.2018 passed in Cr. Appeal (SJ) No. 378 of 2018 (Annexure-2). Finding substance in the submission aforesaid, 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 bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each 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 appellants shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, the impugned order is set aside and this appeal stands allowed.

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