Harendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.363 of 2018 Arising Out of PS.Case No. -135 Year- 2017 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Harendra Tiwari S/o Late Ramayan Tiwari, R/o Village- Umaon, P.S.- Chenari, Distt.- Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Kulanand Jha, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 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-1st, Rohtas at Sasaram in connection with Chenari P.S.Case No. 135 of 2017 registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 448, 504, 506 and 354 of the Indian Penal Code as well as under Sections 3(i)(R)(F)(W)(i) of the Scheduled Castes and Scheduled Tribes Act.

Though there is general and omnibus allegation of commission of abuse and assault by taking caste name, however, the parties have entered into a compromise vide Annexure-2.

In the circumstances, fate of trial is known, therefore, let the appellant, above named, in the event of his

Patna High Court CR. APP (SJ) No.363 of 2018 (3) dt.22-03-2018 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