Vipin Kunwar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1354 of 2018 Arising Out of PS.Case No. -176 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Vipin Kunwar, S/o Late Manager Kunwar,

2. Bablu Kunwar @ Bablu Kumar S/o Musafir Kunwar, Both are R/o VillageShikarpur, P.S.- Sikta, District- West Champaran. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-07-2018 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 anticipatory bail vide order dated 08.03.2018 passed by the learned Special Judge-cum-Additional Sessions Judge-I, Bettiah, West Champaran, in A.B.P. No.208 of 2018, arising out of Sikta Police Station Case No.176 of 2017 registered under Sections 341/323/354B/379/504/34 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The buffalo of the informant had damaged the crop of the appellants and for that occurrence the family members of the

Patna High Court CR. APP (SJ) No.1354 of 2018 dt.05-07-2018 P2/ appellants had lodged Sikta P.S. Case No.177 of 2017. The present FIR also reveals that in the background of same dispute the appellant allegedly committed abuse and assault by taking caste name of the informant.

Considering the background and the nature of allegation, 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 Date07.07.2018 Transmission Date 07.07.2018