Jaikant Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3380 of 2018 Arising Out of PS. Case No.-28 Year-2015 Thana- BELDOUR District- Khagaria ======================================================

1. Jaikant Yadav, S/o Late Raghunandan Yadav,

2. Nawal Yadav S/o Jai Kant Yadav,

3. Rekha Devi W/o Jaikant Yadav, All are R/o Vill.- Bela Naubad, P.S.- Beldaur, District- Khagaria.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bishweshwar Ram, Adv For the Respondent/s :

Mr. Sri Sadanand Paswan,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 Heard learned counsel for the parties.

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 30.07.2018 in A.B.P. No.47 of 2018 passed by the learned Additional Sessions Judge-1st-cum-Special Judge, Khagaria in connection with Beldaur P.S.Case No. 28 of 2015, G.R.No.384 of 2015 registered under Sections 323, 341, 447, 379, 504, 506, 354(A)/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act. The occurrence of assault and abuse was committed by the appellants for the reason that daughter of the informant was suspecting that appellants

Patna High Court CR. APP (SJ) No.3380 of 2018 dt.04-12-2018 2/2 had removed her bricks and she complained that. Considering the background and nature of allegation as well as the fact that the appellants have stated on oath 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 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 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.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.12.2018 Transmission Date 05.12.2018