Jitendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1847 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -SC/ST District- MUNGER ===========================================================
1. Jitendra Singh, Son of Zialal Singh,
2. Rohit Singh, Son of Nirmal Singh,
3. Shiva Singh @ Shiv Kumar, Son of Shrikant Singh,
4. Raja Singh, Son of Shrikant Singh,
5. Manju Singh @ Manju Devi, Wife of Nirmal Singh, All are resident of VillageEnglish Chichraon, Police Station- Akbar Nagar, District- Bhagalpur. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Prem Ranjan Kumar, Adv For the Respondent/s : Smt.Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-08-2018 Heard learned counsel for the parties.
Appellant No.4-Raja Singh has already been arrested in this case. Hence, his prayer for anticipatory bail is infructuous now.
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 31.03.2018 in A.B.A. No.217 of 2018 and A.B.A.No.218 of 2018 passed by the learned Incharge Sessions Judge, Munger in connection with Munger SC/ST P.S.Case No. 04 of 2018 registered under Sections 341, 323, 504, 506, 406,
Patna High Court CR. APP (SJ) No.1847 of 2018 dt.03-08-2018 2/3 420, 120B of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act. The appellants had taken the informant and others for labour work at Delhi. Part of the remuneration was paid, whereas the remaining was not paid and for that dispute, there is general and omnibus allegation of commission of abuse and assault by taking caste name.
Submission of the learned counsel for the appellants is that in fact the matter is of dispute of accounting. The appellants have got no criminal antecedent.
Considering the aforesaid fact, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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.1847 of 2018 dt.03-08-2018 3/3 Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.08.2018 Transmission Date 06.08.2018