Situ Kumar Singh @ Jitesh Kumar @ Sintu Kumar Singh @ Sittu Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4317 of 2018 Arising Out of PS. Case No.-98 Year-2018 Thana- MARANCHI District- Patna ======================================================

1. Situ Kumar Singh @ Jitesh Kumar@ Sintu Kumar Singh @ Sittu Kumar, Son of Sri Parsuram Singh,

2. Sonu Kumar,

3. Monu Kumar, Both Sons of Ashok Singh,

4. Anil Kumar @ Pappu Singh@ Anil Kumar Singh Pappu, Son of Sri Lukho Singh, All are resident of Maranchi, (Tajpur) P.S.- Maranchi, District- Patna.

5. Sonu Sagar @ Bholi@ Sonu Kumar, Son of Late Navin Singh,

6. Chitranjan Singh, Son of Late Ram Nath Singh,

7. Ram Priya Ranjan @ Anand Kumar, Son of Sri Chitranjan Singh,

8. Nagmani Singh@ Nagmani Kumar @ Hemant Singh, Son of Sri Chitranjan Singh,

9. Ravish Kumar @ Rocky @ Rocky Kumar, Son of Sri Pramod Singh,

10. Sanjeev Kumar, Son of Late Nawal Singh,

11. Subham Kumar,

12. Shivam Kumar, Both Sons of Subodh Singh,

13. Kartik Kumar @ Lallu Kumar,

14. Ganesh Kumar, Both Sons of Sri Shambhu Singh,

15. Bimleshwar Kumar @ Bittu Kumar, Son of Late Ramanuj Singh,

16. Ankit Kumar, Son of Sri Pappu Singh, All resident of Sherpur, P.S.- Maranchi, District- Patna.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Vijay Kumar For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 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 08.10.2018, passed in Maranchi P.S. Case No. 98 of 2018 for the offences punishable under Sections 147, 148, 323, 337, 338, 341 and 354 of the Indian Penal Code and

Patna High Court CR. APP (SJ) No.4317 of 2018(3) dt.02-01-2019 2/3 Section 3(1)(r) of SC/ST Act, by the learned Additional District & Sessions Judge -IV SC/ST Act, Patna, whereby and whereunder, appellants' application for grant of anticipatory bail has been rejected.

Allegation against the appellants is that they abused the informant by caste name and also assaulted him and other family members and misbehaved with them.

It has been submitted on behalf of the appellants that no specific allegation has been attributed to the appellants and further there is case and counter case between the parties, which will appear from annexure -2 of the appeal. It has also been submitted that although there is allegation that apellants abused the informant by caste name but the F.I.R. does not show that the abuse was in the public view.

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

Patna High Court CR. APP (SJ) No.4317 of 2018(3) dt.02-01-2019 3/3 two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge -IV cum Special Judge SC/ST Act, Patna, in connection with Maranchi P.S. Case No. 98 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

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