Tentu Raut @ Tendu Dom And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1578 of 2018 Arising Out of PS.Case No. -69 Year- 2015 Thana -BHELDI District- SARAN ===========================================================

1. Tentu Raut @ Tendu Dom S/o Dhodha Raut

2. Jitiya Raut S/o Sheo Bachan Raut both are R/o Village - Bansdih Gevendri, P.S. - Bheldi, Distt. - Saran.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ravi Prakash, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-07-2018 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 bail by order dated 30.01.2018 by the learned 2nd Addl. Sessions Judge, Saran, in connection with S.Tr. No. 29 of 2018 ( arising out of Bheldi Police Station Case No.69 of 2015) registered under Sections 302/34 of the Indian Penal Code and Section 3(II)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The dead body of the husband of the informant was found hanging with a tree. Suspicion was raised against the appellants to have committed murder.

Patna High Court CR. APP (SJ) No.1578 of 2018 dt.06-07-2018 2/2 Submission is that there is no eye witness of the occurrence, which would be evident from the case diary. Appellants are in custody since 07.09.2017. Investigation of the case is already complete. Appellants are ready to cooperate with the trial.

Considering the facts aforesaid, let the appellants, above named, be released on bail on furnishing bail bond 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, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date10.07.2018 Transmission Date 10.07.2018