Dilip Rathor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1034 of 2018 Arising Out of PS. Case No.-34 Year-2017 Thana- SC/ST District- Araria ====================================================== Dilip Rathor, Son of Late Mishri Lal Rathor, Resident of Village - Bhojpur, Police Station - Tarabari in the district of Araria. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Vijay Kumar For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A (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 District and Sessions Judge-cum-Special Judge, Araria in Special Case No. 168 of 2017 arising out of Araria SC/ST P.S. Cae No. 34 of 2017, registered under Sections 323,504,506,379 of the Indian Pena Code as well as under Section 3 (i)(s) of the SC/ST (Prevention of Atrocities ) Act, 1989.

The appellant is also a member of Scheduled Caste. The dispute allegedly took place for fishing from the referred pond by the appellant's staff. The same was settled with the informant.

Patna High Court CR. APP (SJ) No.1034 of 2018(2) dt.03-05-2018 2/2 Considering the aforesaid facts, let the appellant, above named, in the event of his 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) 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 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