Alok Anand @ Alok Kumar Sinha @ Ashok Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3389 of 2018 Arising Out of PS. Case No.-69 Year-2014 Thana- SC/ST District- Purnia ====================================================== Alok Anand @ Alok Kumar Sinha @ Ashok Kumar Sinha S/o Late Harendra Prasad Sinha, R/o Mohalla- Sudin Chowk, Tatma Toli, P.S.- K. Hat, DistrictPurnea. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Amit Kumar Anand, Adv For the Respondent/s :
Mr. Smt Usha Kumari No-1,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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 order dated 30.07.2018 in A.B.P. No.18 of 2018/CIS No.18 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Purnea in connection with Special (SC/ST) Case No. 236 of 2017 arising out SC/ST P.S.Case No.69 of 2014 registered under Sections 341,323,354,504/34 of the Indian Penal Code as well as under Sections 3(i)(iv)(v)(x) of the Scheduled Castes and Scheduled Tribes Act.
The complaint based allegation would reveal that the husband of the complainant had sold
Patna High Court CR. APP (SJ) No.3389 of 2018 dt.04-12-2018 2/3 a portion of the land and on another portion, her house was standing. The appellant, who is Amin by profession, is said to have shown the house as part of the sold land, just to put wrongful claim rather the appellant and another threatened the informant to remove the house, otherwise to be ready to face the consequences.
Considering the background and general and omnibus nature of allegation as well as the fact that the appellant has stated on oath that he got no criminal antecedent and offences of the Indian Penal Code alleged against the appellant are bailable, 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 and further the appellant shall fully cooperate with the investigation/trial of
Patna High Court CR. APP (SJ) No.3389 of 2018 dt.04-12-2018 3/3 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 this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.12.2018 Transmission Date 06.12.2018