Sakaldeep Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1404 of 2018 Arising Out of PS. Case No.-52 Year-2017 Thana- SC/ST District- Rohtas ======================================================

1. Sakaldeep Singh, Son of Chandan Singh

2. Sintu Singh, Son of Sakaldeep Singh

3. Munna Singh, Son of Naresh Singh, All Resident of VillageBhisida, P.S. Tilauthu, District Rohtas at Sasaram. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sada Nand Roy For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-10-2018 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 31.03.2018 passed by the learned Additional Sessions Judge-1st Rohtas at Sasaram in Registered Case No.157 of 2017, arising out of SC/ST Police Station Case No.52 of 2017 registered under Sections 341, 323, 307, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3 (i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The dispute arose for irrigating the field and for that reason allegation is that the appellants came to the house of the informant and committed abuse and assault.

Patna High Court CR. APP (SJ) No.1404 of 2018 dt.04-10-2018 2/2 Submission is of false implication for trivial dispute relating to watering the field. The appellants have got no criminal antecedent.

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/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants. Accordingly, the impugned order is set aside and this appeal stands allowed.

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