Sudhir Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1711 of 2018 Arising Out of PS.Case No. -51 Year- 2017 Thana -SC/ST District- SEKHPURA ===========================================================
1. Sudhir Yadav, Son of Arjun Yadav,
2. Pawan Yadav, Son of Arjun Yadav,
3. Arjun Yadav, Son of Late Baldeo Yadav, All resident of Village - Budhauli Bypass Road, Police Station - Sheikhpura, District - Sheikhpura. .... .... 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: 21-08-2018 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 vide order dated 24.04.2018 in A.B.P. No. 136 of 2018 passed by the learned 1st Additional Sessions Judge, Sheikhpura in connection with SC/ST Case No. 312 of 2017 arising out of Sheikhpura SC/ST P.S. Case No. 51 of 2017 registered under Sections 504, 506/34 of the Indian Penal Code as well as Sections 3(2)(va), 3(r)(s)(w)(ii) of the SC/ST Act.
The offences alleged under the Indian Penal Code against the appellants are bailable. Appellants have got no criminal antecedent. Submission is that though allegation is of commission of abuse since last one year, however, none of the previous occurrence was
Patna High Court CR. APP (SJ) No.1711 of 2018 dt.21-08-2018 2/2 reported to any of the authorities. False case is there for land dispute between the parties.
Learned Special Public Prosecutor opposed the prayer for bail.
Considering the aforesaid fact, 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 24.08.2018 Transmission Date 24.08.2018