Sharan Yadav @ Ram Sharan Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.131 of 2018 Arising Out of PS.Case No. -102 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Sharan Yadav @ Ram Sharan Yadav Son of Late Ramdhani Yadav

2. Visheshwar Yadav Son of Sharan Yadav

3. Vijay Yadav Son of Sharan Yadav

4. Uday Yadav Son of Sharan Yadav

5. Ajay Yadav Son of Sharan Yadav All are Resident of village- Masaudha, P.S.- Ariari and District- Shekhpura .... .... Appellants

Versus

1. The State of Bihar

2. Chandri Devi Wife of Late Rajendra Chaudhary Resident of villageMasorha, P.S.- Ariari and District- Shekhpura .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Singh, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2018 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 the learned 1st Additional Sessions Judge-cumSpecial Judge, Shekhpura in connection with Special SC/ST Case No. 194 of 2017 registered under Sections 341, 342, 323/34 of the Indian Penal Code as well as under Sections 3(1) (X) of the Scheduled Castes and Scheduled Tribes Act. Allegation is of commission of assault on demand of wages by the informant and her son.

Patna High Court CR. APP (SJ) No.131 of 2018 (4) dt.20-02-2018 Submission is that no offence said to be committed under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is attracted in the facts and circumstances of this case.

Finding substance in the submission aforesaid, 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 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T