Patna High CourtCR. APP (SJ)/3285/2017allowed

Vinod Gupta @ Bhuar And ORS v. State Of Bihar And ANR

2018-03-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3285 of 2017 Arising Out of PS.Case No. -2459 Year- 2016 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Vinod Gupta @ Bhuar.

2. Pappu Kumar

3. Gaurav Kumar All are sons of Prabhu Nath Sah.

4. Prabhunath @ Prabhunath Sah @ Prabhu, Son of Raghunath Sah. All are Resident of Bhikhabandh, P.S.- Daraunda, District- Siwan. .... .... Appellant/s

Versus

1. The State of Bihar.

2. Durgawati Devi, Wife of Hareram Ram, Resident of VillageBhikhabandh, P.S.- Daraunda, District- Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2018 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 by the learned Additional Sessions Judge-I, Siwan in Complaint Case No.2459 of 2016, Trial No.1362 of 2017 registered under Sections 447/448/354A/380/506/34 of the Indian Penal Code and Sections 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The informant-Opposite Party No.2 is appearing in the case and it has been informed that parties have already entered

Patna High Court CR. APP (SJ) No.3285 of 2017 (5) dt.13-03-2018 P2/ into compromise.

Considering the factum of compromise, 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 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./- U T