Jitendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1029 of 2018 Arising Out of PS.Case No. -346 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ===========================================================
1. Jitendra Singh son of Rangnath Singh
2. Munna Singh son of Jitendra Singh
3. Rajneesh Singh son of Vijay Shankar Singh
4. Lallu Singh son of Hriday Shankar Singh All residents of Village : Sidhi, P.S. Karagahar, District Rohtas.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Sada Nand Roy, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-05-2018 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 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with Kargahar (Sidhi) Police Station Case No.346 of 2017 registered under Sections 341/323/307/506/34 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
According to FIR, the appellants allegedly abused and assaulted to the informant by taking caste name on demand of wages by the informant. The complainant/informant has filed a compromise
Patna High Court CR. APP (SJ) No.1029 of 2018 dt.10-05-2018 P2/ petition before the learned Court-below stating therein that in fact father of the informant had already received back the due wages and under some misconception the complainant had asked for the wages. Now the parties are not interested to proceed with the case. Considering the fate of the trial, 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 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 impugned order is set aside and the appeal is allowed.
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