Ajeet Kumar Singh @ Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3415 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Ajeet Kumar Singh @ Ajit Kumar Singh S/o Ramlochan Singh, R/o Vill.- Mundipur, P.S.- Bangra, Distt.- Samastipur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bishwanath Prasad Singh, Sr. Advocate For the Informant :

Mr. Onkar Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 06.07.2018 in A.B.P. No. 1091 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Samastipur in connection with N.H. Bangra P.S. Case No. 30 of 2018 registered under Sections 341, 323, 504, 354/34 of the Indian Penal Code as well as Sections 3(1)(r), 3(1)(s) of the SC/ST Act. The FIR would reveal that for trivial dispute arising during crushing of the wheat, the appellant allegedly attempted to outrage the modesty of the informant.

Submission is that false allegation is there. Appellant

Patna High Court CR. APP (SJ) No.3415 of 2018 dt.04-12-2018 2/2 has got no criminal antecedent.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the facts of this case aforesaid, 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 anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 05.12.2018 Transmission Date 05.12.2018