Manoj Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3610 of 2018 Arising Out of PS.Case No. -185 Year- 2016 Thana -MANJHI District- SARAN ===========================================================
1. Manoj Singh Son of Late Ramdayal Singh.
2. Saurabh Kumar Singh @ Tinku Singh, Son of Manoj Singh.
3. Ravi Kumar Singh @ Ravi Singh, Son of Baban Singh.
4. Baban Singh Son of Late Ramdayal Singh.
All are Resident of Village-Gauri Ketola, P.S.-Manjhi, District-Saran at Chapra. .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Anil Kumar Roy, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 04-10-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 07.08.2018 in A.B.P. No.2511 of 2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra in connection with Manjhi P.S.Case No. 185 of 2016 registered under Sections 341,323,147,148,149,354,504,506 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.
Appellant No.2-Saurabh Kumar Singh @ Tinku Singh is alleged to have asked for Telephone No. of the minor grand
Patna High Court CR. APP (SJ) No.3610 of 2018 dt.04-10-2018 2/3 daughter of the informant, who is student of Class-VIII. On refusal, appellant No.2-Saurabh Kumar Singh @ Tinku Singh allegedly misbehaved with the minor girl.
When the matter was complained to the family members of appellant No.2-Saurabh Kumar Singh @ Tinku Singh, allegation is against all the appellants to have abused and assaulted to the informant by taking caste name. Considering the nature of allegation against appellant No.2-Saurabh Kumar Singh @ Tinku Singh, I am not inclined to enlarge him on anticipatory bail. He may surrender within three weeks and pray for regular bail. Considering the general and omnibus nature of allegation against other appellants, 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 bond of Rs.
20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and further 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.
Patna High Court CR. APP (SJ) No.3610 of 2018 dt.04-10-2018 3/3 Accordingly, this appeal is partly allowed and partly dismissed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.10.2018 Transmission Date 05.10.2018