Alok Anand And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2056 of 2018 Arising Out of PS.Case No. -848 Year- 2017 Thana -JAHANABAD District- JEHANABAD ===========================================================

1. Alok Anand, S/o Pramod Singh.

2. Aditya Kumar, S/o Dina Nath Singh.

3. Pappu Singh @ Saket Kumar, S/o Satyendra Singh, All resident of MohallaEast Gali Unta, Jehanabad, P.S. & District- Jehanabad. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mrs.Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-07-2018 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 11.05.2018 passed by the learned Additional Sessions Judge-I, Jehanabad, in A.B.P. No.667 of 2018, arising out of Jehanabad Police Station Case No.848 of 2017, registered under Sections 225/353/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant is a police officer. He had gone to the house of the appellants to arrest a family member Guddu Singh, who was an accused in some other case.

Submission of the learned counsel for the appellants is that since the informant was misbehaving with the female member of the family and

Patna High Court CR. APP (SJ) No.2056 of 2018 dt.25-07-2018 P2/ mobile video was prepared by the appellants they have falsely been implicated just to save the skin from the misdeed of the informant. Further submission is that the female members of the family have already been allowed anticipatory bail in Cr. Appeal (SJ) No.1726 of 2018 vide order dated 24.05.2018 by a coordinate Bench of this Court.

Considering the aforesaid facts specially the fact that female members of the family have been allowed bail, 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date28.07.2018 Transmission Date 28.07.2018