Dilip Rawat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1300 of 2018 Arising Out of PS. Case No.-31 Year-2017 Thana- SC/ST District- Nawada ====================================================== Dilip Rawat, Son of Sita Rawat, Resident of village- Panchayat Saur, P.S.- Warsaliganj, District- Nawada.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Manoj Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-05-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for regular bail by the learned 1st Additional District and Sessions Judgecum- Special Judge,Nawada, in Special (H) Case No. 706 of 2017, arising out of SC/ST P.S. Case No. 31 of 2017 registered under Sections 147,149,341,323,354(B),504 of the Indian Penal Code as well as under Section 3 (i)(r)(s), W-(1) of the SC/ST (Prevention of Atrocities ) Act, 1989.

Allegation against the appellant is that he committed abuse, assault etc. along with others against informant and others. Further allegation is of commission of attempt to outrage the modesty. Land dispute is the reason behind the occurrence. Appellant is in custody since 08.03.2018.

Patna High Court CR. APP (SJ) No.1300 of 2018(2) dt.04-05-2018 2/2 Learned counsel for the informant opposes the prayer for bail on the ground that the informant is previous purchaser and the appellant purchased the same land subsequently. Moreover, the appellant has got criminal antecedent. Considering the nature of allegation, let the appellant, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) 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 condition that the appellant 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 appellant. Accordingly, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) khushbu/- U T