Kush Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2771 of 2018 Arising Out of PS. Case No.-652 Year-2018 Thana- BIHTA District- Patna ======================================================

1. Kush Kumar,

2. Govinda Kumar, Both Sons of Ajay Mahto, Resident of VillageBhoma Tola (Kanhauli), P.S.- Bihta, District- Patna. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Ram Niwas Prasad For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 30-08-2018 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 29.06.2018 passed by the learned Additional Sessions Judge-Vcum-Special Judge, S.C./S.T. Act, Patna in A.B.P. No.4548 of 2018, arising out of Bihta Police Station Case No.652 of 2018 registered under Sections 341, 323, 504, 385, 506/34 of the Indian Penal Code and Sections 3 (1)(r)(s), 3 (2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2771 of 2018 dt.30-08-2018 2/2 Submission is that the parties have entered into written compromise filed before the court below.

Considering the nature of allegation and factum of compromise 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 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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

(Birendra Kumar, J) abhishek/- AFR/NAFR CAV DATE Uploading Date Transmission Date