Patna High CourtCR. APP (SJ)/1098/2016allowed

Dharmendra Kumar And ORS v. The State Of Bihar

2017-02-02Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court CR. APP (SJ) No.1098 of 2016 (04) dt.02-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1098 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Dharmendra Kumar

2. Deepu Kumar

3. Chintu Kumar, all are sons of Nakul Singh, resident of villageBhagwanpur, P.S. Shakurabad, District-Jehanabad. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Binit Kumar -Advocate For the Respondent/s : Mr. Sri Sadanand Paswan-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-02-2017 Leaned counsel for the appellants is directed to correct Para-1 as well as prayer portion of the petition and for that, is permitted so.

Heard learned counsel for the appellants as well as learned Special Public Prosecutor.

There happens to be dispute with regard to Gair mazarua land lying in front of house of informant as well as the appellants and with regard thereto, there happens to be an allegation against them to have assaulted the prosecution party. Although, there happens to be absence of specific allegation, it has been alleged by the prosecution that they were harassed on account of being member of Scheduled Caste.

Considering the nature of the allegation, it is apparent

Patna High Court CR. APP (SJ) No.1098 of 2016 (04) dt.02-02-2017 that there happens to be some sort of deficiency persisting over applicability of S.C./S.T. (Prevention of Atrocities) Act and that being so, appellants, Dharmendra Kumar, Deepu Kumar and Chintu Kumar are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Court constituted under S.C./S.T. (Prevention of Atrocities) Act, Jehanabad relating to Shakurabad P. S. Case No.64 of 2016 in event of their arrest or surrender within four weeks from the date of receipt of order whereupon the order dated 28.09.2016 passed by the Additional Sessions Judge-1st, Jehanabad in A.B.P. No.1082 of 2016 is set aside. Consequent thereupon, appeal is allowed.

(Aditya Kumar Trivedi, J) Vikash/- U T