Vijay Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.907 of 2018 Arising Out of PS.Case No. -248 Year- 2017 Thana -KHAIRA District- SARAN ===========================================================

1. Vijay Singh, Son of Late Dwarika Singh,

2. Indu Devi, Wife of Vijay Singh,

3. Nicki Kumari @ Nikee Kumari, Daughter of Vijay Singh, All are Resident of Village-Chitrawali, Police Station-Khaira District-Saran at Chapra. .... .... Appellant/s

Versus

1. The State of Bihar

2. Devpati Kunwar, Wife of Ramlal Ram Resident of Village-Gopalpur, Police Station Khaira, District saran at Chapra.

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

For the Appellant/s : Mr. Krishna Kumar Yadav, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 28-06-2018 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 06.02.2018 passed in A.B.P. No.143 of 2018 by the learned 1st Additional Sessions Judge, Saran, in connection with Khaira Police Station Case No.248 of registered under Sections 420/406/467/468/323 of the Indian Penal Code and Sections 3(g) (s)(v)(h) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.907 of 2018 dt.28-06-2018 P3/ Atrocities) Act, 1989.

The complainant was maid in the house of the appellants. On the inducement of appellant, she opened different account for deposit in different banking institution. However, allegation is that she was cheated by the appellants. In the supplementary affidavit the appellants stated that in fact all the accounts are standing in the name of informant and the informant is depositing money in those accounts as per her convenience. A copy of the bank account has been produced.

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.

Patna High Court CR. APP (SJ) No.907 of 2018 dt.28-06-2018 P3/ Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR CAV DATE NA Uploading Date Transmission Date