Uday Singh @ Unday Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2408 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- SC/ST District- Saran ======================================================

1. Uday Singh @ Unday Singh, S/o Mritunjay Singh,

2. Din Bandhu Singh S/o Lalbabu Singh, Both are R/o Vill.- Samastipura, P.S.- Dariyapur, District- Saran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Uday Kumar, Advocate For the Respondent/s :

Mr. Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 01-11-2018 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 against the refusal of prayer for anticipatory bail vide order dated 21.04.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra, in A.B.P. No.1044 of 2018, arising out of Saran SC/ST Police Station Case No.9 of 2018, registered under Sections 447/341/323/354A/379/504/34 of the Indian Penal Code and Sections 3(i)(r)(w)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Wife of the informant has allegedly not paid the cost of grinding of wheat to the mill owner Ashok Singh. For

Patna High Court CR. APP (SJ) No.2408 of 2018 dt.01-11-2018 2/3 that reason the appellants allegedly came to her house and abused and assaulted her even attempted to outrage the modesty.

Submission of the learned counsel for the appellants is that the appellants have no concern with Ashok Singh nor there is any reason to commit the offence as there was no money due.

Learned counsel for the State pointed out that some other eyewitness have also supported the allegation. Considering the background and general and omnibus allegation as well as the fact that the appellants have stated on oath that they have got not criminal antecedent, 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/- (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

Patna High Court CR. APP (SJ) No.2408 of 2018 dt.01-11-2018 3/3 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, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.11.2018 Transmission Date 05.11.2018