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Patna High CourtCR. APP (SJ)/690/2018allowed

Sudhansu Kumar Singh @ Sudhansu Kumar v. The State Of Bihar

2018-03-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.690 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Sudhansu Kumar Singh @ Sudhansu Kumar, S/o Indradeo Singh, Resident of Village- Mednipur, P.S.- Dinara, District- Rohtas. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Bhaskar Shankar, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 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 the learned Additional Sessions Judge-I, Rohtas at Sasaram in connection with Dinara P.S.Case No. 187 of 2017 registered under Sections 341,323,504,506 of the Indian Penal Code as well as under Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes Act.

The appellant was Headmaster of the School and the informant was a student thereat. Informant had gone to receive her school transfer certificate, the appellant demanded for Rs. 50/- to provide the same and for that reason, the appellant allegedly abused and assaulted by taking caste name to the informant.

Patna High Court CR. APP (SJ) No.690 of 2018 (2) dt.15-03-2018 Submission is that earlier case vide Dinara P.S.Case No.186 of 2017 was lodged by the appellant against the father of the informant, disclosing therein that the father of the informant was insisting for T.C. of the informant and the appellant was saying that the student should come to receive the T.C. , for that reason, father of the appellant abused and assaulted.

Considering the entire facts, let the appellant, above named, in the event of his 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) 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 as well as condition that the appellant 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 appellant.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T