Lalo Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.172 of 2018 Arising Out of PS.Case No. -107 Year- 2017 Thana -KASHICHAK District- NAWADA ======================================================
1. Lalo Yadav.
2. Bilash Yadav.
Both Sons of Jhuman Yadav.
3. Bablu Kumar Son of Durga Yadav.
4. Rinku Kumar Son of Shital Yadav.
5. Guddi Devi, Wife of Lalo Yadav.
All are residents of Village-Bhawani Bigha, Police Station-Kashichak, District-Nawada.
.... .... Appellants
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Ranvijay Singh, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A) 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, Nawada in connection with Kashichak P.S.Case No. 107 of 2017 registered under Sections 341,323,448,504/34 of the Indian Penal Code as well as under Sections 3 (r) (s) of the Scheduled Castes and Scheduled Tribes Act.
Earlier, accident by cycle had taken place and for that reason, the appellants came to the house of the informant, abused and assaulted by taking her caste name.
Patna High Court CR. APP (SJ) No.172 of 2018 (2) dt.16-01-2018 Considering the fact that there is no averment that the alleged occurrence took place in public view, 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 Kashichak P.S.Case No. 107 of 2017, 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