Mukesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4383 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- SC/ST District- Vaishali ======================================================

1. Mukesh Singh Son of Suresh Singh Resident of Village-Bahadurpur,P.S. Goraul,Distt.-Vaishali

2. Ramanand Singh @ Ramanand Prasad Singh Sonof Late Harindra @ Harindra Singh Resident of Village-Mallikpura,P.S. Goraul,Distt.-Vaishali ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 By way of this memo of appeal, preferred under Section 14(A)(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities )Act, 2016, appellants seek for setting aside the order dated 15.10.2018, passed in SC/ST Hajipur P.S. Case No. 25 of 2018 for the offences punishable under Sections 447, 448, 354, 379, 504 and 506/34 of the Indian Penal Code and Section 3(1)(r)(s)(w) of SC/ST (POA) Act, by the learned Additional District & Sessions Judge -I- cum- Special Judge SC/ST Act, Vaishali, whereby and whereunder, appellants' application for grant of anticipatory bail has been rejected. Allegation is that appellant no. 1 entered inside the house of the informant and he was apprehended, on which, appellant no. 1 assaulted and abused the informant and appellant

Patna High Court CR. APP (SJ) No.4383 of 2018(2) dt.03-01-2019 2/2 no. 2 came and also abused the informant by caste name. It has been submitted on behalf of the appellants that they have falsely been roped in this case and earlier to lodging of the case by the informant, the appellants' have lodged a case against the informant and due to which, this present false case has been lodged and the allegation itself shows that they have not abused the informant in public view rather inside the house. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I- cum- Special Judge SC/ST Act, Vaishali, in connection with SC/ST Hajipur P.S. Case No. 25 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

(Vinod Kumar Sinha, J) sunilkumar/- U T