Pallu Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2877 of 2018 Arising Out of PS.Case No. -107 Year- 2018 Thana -SIKANDARA District- JAMUI ===========================================================
1. Pallu Yadav son of Aano Yadav
2. Sonu Yadav son of Sanjay Yadav
3. Ranjit Kumar Yadav son of Sri Yadav All residents of village + Police Station - Sikandra, District - Jamui.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 31-08-2018 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 vide order dated 17.07.2018 passed by the learned In-Charge 1st Additional Sessions Judge, Jamui, in A.B.P. No.726 of 2018, arising out of Sikandara Police Station Case No.107 of 2018, registered under Sections 341/323/307/379/504/506/34 of the Indian Penal Code and Section 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The appellants allegedly assaulted to the informant after abusing by taking caste name. The doctor has found simple abrasion
Patna High Court CR. APP (SJ) No.2877 of 2018 dt.31-08-2018 P2/ on the person of the informant.
Submission is that false implication is there as the informant has taken loan from the appellants for purchasing truck. Thereafter he is not refunding the money and to put pressure this false case has been lodged.
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./- AFR/NAFR NAFR CAV DATE NA Uploading Date04.09.2018 Transmission Date 04.09.2018