Rampukar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.794 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -SC/ST District- GAYA ======================================================

1. Rampukar Singh, Son of Late Sangaldeo Singh, Resident of VillageNandu Vigah, Police Station- Belaganj, District- Gaya. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Anuj Kumar, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 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 Special Judge (S.C./S.T. Act), Gaya, in connection with SC/ST Police Station Case No.55 of 2017 registered under Sections 147/149/341/323/354/436 of the Indian Penal Code and Sections 3(1) (r)(w)(i)(2)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. For the occurrence of a day before the FIR, the informant was going to make complaint to police at about 4:00 AM at the same time other named persons committed arson in his house. Subsequently, the appellant met him on the way and

Patna High Court CR. APP (SJ) No.794 of 2018 (2) dt.23-03-2018 P2/ abused him by taking caste name.

Submission is of false implication and concoction because it is not expected that the appellant would be there on the way at the early hour in the morning and it appears to be a case of roping as many as person the informant wants. 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) Mkr./- U T