Sekh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4027 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- ATHMALGOLA District- Patna ======================================================

1. Sekh Singh, Son of Dilip Singh,

2. Tuntun Singh @ Munna Singh, Son of Birendra Singh, All are resident of Village - Bujruk P.S.- Aathmal Gola, District - Patna. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Lal Babu Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-12-2018 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 01.06.2018 in A.B.P. No. 3696 of 2018 passed by the learned 5th Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Patna in connection with Athmalgola P.S. Case No. 80 of 2018 registered under Sections 143, 323, 341, 504, 379, 307 of the Indian Penal Code as well as Sections 3(1) (r) of the SC/ST Act.

There is case and counter case between the parties and the parties have entered into a compromise vide Annexure-3.

Patna High Court CR. APP (SJ) No.4027 of 2018 dt.18-12-2018 2/2 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 anticipatory 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 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 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 21.12.2018 Transmission Date 21.12.2018