Shankar Saw @ Shankar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.213 of 2018 Arising Out of PS.Case No. -236 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================
1. Shankar Saw @ Shankar Sah, Son of Samar Saw,
2. Yamuna Saw @ Jamuna Sah, Son of Tukan Saw, Both are resident of Village- Chawki Road, P.S.- Khaira, District- Jamui. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Satya Prakash Parasar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) 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 1st, Jamui, in Khaira Police Station Case No.236 of registered under Sections 341/323/337/504/34 of the Indian Penal Code and Sections 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The FIR would reveal that the occurrence did not take place in public view; rather after the occurrence the informant disclosed to other villagers about the occurrence of abuse. Hence, let the appellants, above named, in the event of
Patna High Court CR. APP (SJ) No.213 of 2018 (3) dt.23-02-2018 P2/ 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