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Patna High CourtCR. APP (SJ)/1624/2018allowed

Rajesh Pal @ Rajesh Kumar And ORS v. The State Of Bihar

2018-08-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1624 of 2018 Arising Out of PS.Case No. -1078 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ===========================================================

1. Rajesh Pal @ Rajesh Kumar son of Late Wakil Pal

2. Rakesh Pal son of Ram Bhajan Pal

3. Sharwan Pal @ Prem Chand Pal, son of Late Lalan Pal, All residents of VillageShivpur, Police Station- Sasaram (Darigaon), District- Rohtas at Sasaram. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Raghunandan Kumar Singh, Adv For the Respondent/s : Mr. Sadanand Paswan, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-08-2018 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 16.03.2018 in A.B.P. No.53 of 2018 passed by the learned Additional Sessions Judge-1st, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S.Case No. 1078 of 2017 registered under Sections 341,323,379,504/34 of the Indian Penal Code and Sections 3(1)(r) (s) of the Scheduled Castes and Scheduled Tribes Act.

For trivial dispute, an occurrence of abuse and assault was allegedly committed by the appellants. The parties

Patna High Court CR. APP (SJ) No.1624 of 2018 dt.03-08-2018 2/2 have entered into a compromise.

Considering the fate of the trial after compromise, 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 both bailors shall be resident of territorial jurisdiction of the learned court below 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.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date07.08.2018 Transmission Date 07.08.2018