Jayant Singh @ Jayant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2351 of 2018 Arising Out of PS.Case No. -29 Year- 2017 Thana -SC/ST District- KHAGARIA ===========================================================

1. Jayant Singh @ Jayant Kumar Singh S/o Vidya Prasad Singh, R/o Vill.- Sanhauli, P.S.- Khagaria (Chitragupta Nagar), District- Khagaria. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Jai Shankar Prasad, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 23-08-2018 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 07.06.2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), Khagaria, in Khagaria SC/ST Police Station Case No.29 of 2017, registered under Sections 341/323/420/504/506/34 of the Indian Penal Code and Section 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The informant was a witness, on persuasion of this appellant, on a sale-deed said to be executed by the mother of the present appellant. Subsequently, it revealed that in place of mother of

Patna High Court CR. APP (SJ) No.2351 of 2018 dt.23-08-2018 P2/ the appellant, the mother-in-law of the appellant was produced as executant of the sale-deed impersonating as mother of the appellant and when the informant asked for refund of the consideration money the informant was allegedly abused by taking caste. Considering the aforesaid facts, 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 Date25.08.2018 Transmission Date 25.08.2018