Kishori Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3740 of 2018 Arising Out of PS. Case No.-54 Year-2017 Thana- SC/ST District- Jamui ======================================================

1. Kishori Sah, S/o-Late Ram Das Sah,

2. Uma Devi, Wife of Kishori Sah, Both are Resident of VillageHansdih, Police Station+ District-Jamui ... ... Appellant/s

Versus

1. The State of Bihar.

2. Armila Devi, W/o-Saryug Sah, Resident of Village-Uchandi, P.S. and DistrictJamui. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

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

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-12-2018 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 30.08.2018 passed by the learned Additional Sessions Judge-I, Jamui, in A.B.P. No.827 of 2018, arising out of Jamui SC/ST Police Station Case No.54 of 2017 (Complaint Case No.1272C of 2014), registered under Sections 323/341/354/504/34 of the Indian Penal Code and Sections 3(i)(r)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The offences of the Indian Penal Code alleged

Patna High Court CR. APP (SJ) No.3740 of 2018 dt.11-12-2018 2/2 against the appellants are bailable. The appellants have stated on oath that they have got no criminal antecedent. Initially complaint case was filed with general and omnibus allegation. Considering the aforesaid facts, 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 Courtbelow 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.

Mkr./- (Birendra Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 13.12.2018 Transmission Date 13.12.2018