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Patna High CourtCR. APP (SJ)/3398/2018allowed

Sri Keshwar Singh @ Sri Keshwawr Singh And ANR v. The State Of Bihar

2018-12-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3398 of 2018 Arising Out of PS. Case No.-14 Year-2017 Thana- SC/ST District- Rohtas ======================================================

1. Sri Keshwar Singh @ Sri Keshwawr Singh, S/o Late Kariman Singh,

2. Sunita Devi W/o Keshwar Singh @ Sri Keshwawr Singh, Both are R/o Vill.- Amra, P.S.- Sasaram (Muffasil), District- Rohtas at Sasaram. .. ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Babu Nandan Prasad, Adv For the Respondent/s :

Mr. Smt Usha Kumari No-1,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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 order dated 20.07.2018 in Registered Case No.185 of 2017, arising out of SC/ST Dehri P.S.Case No.14 of 2017 passed by the learned Additional Sessions Judge-I, Rohtas at Sasaram registered under Sections 341,323,324,379,504/34 of the Indian Penal Code and Sections 3(i)(r) (s) of the Scheduled Castes and Scheduled Tribes Act.

There is general and omnibus allegation of commission of abuse and assault. Co-accused-Ujjawal Kumar, who allegedly assaulted with Chaku, has not been sent up by the police for trial, as submitted by the learned counsel for the appellants. There is case and counter case.

Patna High Court CR. APP (SJ) No.3398 of 2018 dt.04-12-2018 2/2 Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the nature of allegation and statement of the appellants on oath that they have got no 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 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 and further 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, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.12.2018 Transmission Date 06.12.2018