Praveen Singh @ Praveen Kr. Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2497 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Praveen Singh @ Praveen Kr. Singh Son of Late Rajendra Singh

2. Gajendra Singh Son of Late Kamla Singh Both are residents of Village - Panchbhinda, P.S. Taraiya, District - Saran (Chapra). .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Mukesh Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 16-08-2018 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, Saran at Chapra, in A.B.P. No.1601 of 2018, arising out of Taraiya Police Station Case No.323 of 2017, registered under Sections 323/307/448/380/384/504/506/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Title Suit No.175 of 2014 is going on between the parties which was brought by appellant Praveen Kumar Singh against the

Patna High Court CR. APP (SJ) No.2497 of 2018 dt.16-08-2018 P2/ uncle of the informant of this case. In the aforesaid background allegation is of commission of abuse and assault. Considering the background of allegation and the statement of the appellants that they have got no criminal antecedent, 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 Date18.08.2018 Transmission Date 18.08.2018