Ashwini Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1309 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================

1. Ashwini Singh, Son of Ashok Singh,

2. Rajesh Singh, Son of Rajvansh Singh,

3. Vijay Singh, Son of Jagdish Singh,

4. Vinod Singh, Son of Jagsohban Singh,

5. Jitendra Singh, Son of Late Maksudan Singh,

6. Sonu Singh @ Rohit Kumar Singh, Son of Jitendra Singh, All residents of Village- Indour, P.S.- Dinara, District Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Yogendra Kumar Singh, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 14-05-2018 Heard learned counsel for the parties.

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 Additional Sessions Judge-I, Rohtas at Sasaram in connection with SC/ST Dehri (Rohtas) P.S.Case No. 17 of 2017 registered under Sections 341, 323, 324, 147, 148, 149, 307, 504, 506 of the Indian Penal Code as well as under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

There is case and counter case. The general and omnibus allegation is against altogether 17 persons of commission of abuse and assault.

Considering the aforesaid facts especially the general and omnibus nature of allegation and case and counter case

Patna High Court CR. APP (SJ) No.1309 of 2018 dt.14-05-2018 between the parties, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each 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 appellants 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 appellants.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date15.05.2018 Transmission Date 15.05.2018