Dharu Mandal @ Dharmendra Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3109 of 2018 Arising Out of PS.Case No. -101 Year- 2018 Thana -JALALGARH District- PURNIA ===========================================================
1. Dharu Mandal @ Dharmendra Kumar Mandal, Son of Basdeo Mandal, Resident of Village- Hansi, Police Station- Jalalgadh, District Purnea. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Viveka Nand Singh, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-10-2018 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 13.07.2018 passed by the learned Special Judge (S.C./S.T. Act), Purnea, in A.B.P. No. 42 of 2018/CIS No. 42 of 2018, arising out of Jalalgarh Police Station Case No. 101 of 2018, registered under Sections 341/323/324/379/307/504/506/34 of the Indian Penal Code and Sections 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
A goat was crossing the road which was dashed by the cycle of the informant. For that reason general and omnibus
Patna High Court CR. APP (SJ) No.3109 of 2018 dt.06-10-2018 P2/ allegation of commission of abuse and assault. The appellant has stated on oath that he has got no criminal antecedent. Considering the nature 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) 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 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, the impugned order is set aside and appeal stands allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date09.10.2018 Transmission Date 09.10.2018