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Patna High CourtCR. APP (SJ)/551/2018allowed

Sambika Singh And ANR v. The State Of Bihar

2018-04-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.551 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ======================================================

1. Sambika Singh, Son of Late Nagina Singh

2. Raja Kumar @ Raj Kumar @ Golu, Son of Sambika Singh Both Resident of New Area Bandhi Nagar, Ward No. 18, P.S. Dehri, District Rohtas .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sada Nand Roy, Advocate For the Respondent/s : Mr. Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with Dehri SC/ST Police Station Case No.77 of 2017 registered under Sections 341/323/379/354/504/506/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Submission is that allegation is general and omnibus against the appellants and some other unknown person. There is case and counter case.

Patna High Court CR. APP (SJ) No.551 of 2018 (4) dt.12-04-2018 2/2 Considering the background and the nature of allegation, I am of the view that the appellants deserve anticipatory 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./- U T