Umesh Rai And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.618 of 2018 Arising Out of PS.Case No. -34 Year- 2014 Thana -SC/ST District- SARAN ===========================================================
1. Umesh Rai,
2. Shambhu Rai @ Sambhu Rai,
3. Birbal Rai All Sons of Ramnath Rai,
4. Ramnath Rai S/o Late Mana Rai, All are R/o Village- Salempur, P.S.- Panapur, District- Saran.
.... .... Appellant/s
Versus
1. The State of Bihar.
2. Ramgadhi Baitha, S/o Late Raghubir Baitha, R/o Village- Basahiya, P.S.- Panapur, District- Saran.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Sanjay Kumar, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-05-2018 Prayer for anticipatory bail of appellant-Umesh Rai, appellant-Shambhu Rai @ Sambhu Rai and appellant-Ramnath Rai is infructuous now as they have already been arrested in this case.
Heard learned counsel for the parties on the prayer of appellant-Birbal Rai for anticipatory bail. This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Addl. Sessions Judge, Saran at Chapra in connection with Saran SC/ST P.S.Case No. 34 of 2014
Patna High Court CR. APP (SJ) No.618 of 2018 dt.03-05-2018 registered under Sections 341,323,504/34 of the Indian Penal Code as well as under Sections 3 (i)(iv)(v) of the Scheduled Castes and Scheduled Tribes Act.
The fact of this case is that the appellant is purchaser from one of the co-sharer and the complainant is purchaser from another co-sharer. Dispute is regarding extent of area of the property transferred and as such there is bonafide dispute of land between the parties.
In the aforesaid background, allegation of commission of abuse and assault is apparently a case of malafide prosecution for the purpose of consideration of prayer for anticipatory bail.
Hence, let the appellant-Birbal Rai, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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.
Patna High Court CR. APP (SJ) No.618 of 2018 dt.03-05-2018 The impugned order is accordingly set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date04.05.2018 Transmission Date 04.05.2018