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Patna High CourtCR. APP (SJ)/948/2018allowed

Sanjit Kumar And ANR v. The State Of Bihar

2018-04-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.948 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -HISUA District- NAWADA ======================================================

1. Sanjit Kumar Son of Naveen Singh ,

2. Naveen Singh Son of Kamta Singh Both residents of Village - Dayali Bigha, P.S. - Hisua, District - Nalanda.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Atul Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-04-2018 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 1st Additional Sessions Judge, Nawada, in connection with Hisua Police Station Case No.12 of 2018 registered under Sections 341/323/354B/307/504/34 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

A dispute between the two groups had taken place due to defeat in a cricket match between the parties a few days ago and that was the reason for the present occurrence; where it is alleged that the appellants had committed abuse and assault and

Patna High Court CR. APP (SJ) No.948 of 2018 (2) dt.10-04-2018 P2/ attempted to outrage the modesty of the informant. 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 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