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Patna High CourtCR. APP (SJ)/443/2018allowed

Brajesh Kumar Singh @ Barjesh Kumar Singh v. The State Of Bihar

2018-03-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.443 of 2018 Arising Out of PS.Case No. -221 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. Brajesh Kumar Singh @ Barjesh Kumar Singh, S/o Late Ram Bilash Singh, Resident of Village- Pipara Dhibar, P.S.- Kutumba, DistrictAurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Bhaskar Shankar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. For the Informant : Dr. Leelawati Kumari, Adv. ====================================================== 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 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Aurangabad in connection with Baroon P.S.Case No. 221 of 2017 registered under Sections 341, 323, 427, 504, 506 of the Indian Penal Code as well as under Sections 3(1)(r)/3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.

The appellant was Headmaster of the school where the informant was a Teacher. For going through the school register, some altercation took place and allegation is

Patna High Court CR. APP (SJ) No.443 of 2018 (4) dt.22-03-2018 of commission of abuse and assault.

Considering the nature and background of allegation, 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