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Patna High CourtCR. APP (SJ)/3470/2017allowed

Ram Kumar And ANR v. The State Of Bihar

2017-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3470 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -SC/ST District- JAMUI ======================================================

1. Ram Kumar, Son of Late Arjun Singh, resident of village Lohanda, P.S.- Sikandara, District- Jamui, presently Head Master in Upgraded Middle School, Karma, P.S.- Sikandara, District- Jamui.

2. Mithileshwar Pd. Sharma @ Mithilesh Sharma, Son of Late Laliteshwar Prasad Sharma, resident of Village- Purushottampur, P.O.- Purushottampur District- Muzaffarpur presently Block Education Extension Officer, Sikandara, P.S.- Sikandara, District- Jamui. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mrs. Bela Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2017 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 by the learned Additional Sessions Judge-I, Jamui, in Jamui S.C./S.T. Police Station Case No.52 of 2016 registered under Sections 341/323/504/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellants are headmaster and Block Education Officer respectively. After investigation the police did not send up

Patna High Court CR. APP (SJ) No.3470 of 2017 (2) dt.21-12-2017 P2/ the appellants for trial.

Considering the aforesaid facts, 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 appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T