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Patna High CourtCR. APP (SJ)/518/2018allowed

Nandesh Singh @ Nandesh Kumar v. The State Of Bihar

2018-03-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.518 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -HISUA District- NAWADA ======================================================

1. Nandesh Singh @ Nandesh Kumar S/o Ashutosh Kumar, R/o VillageSabalpur, P.S.- Rajgir, District- Nalanda at Biharsharif. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajesh Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-03-2018 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 Additional Sessions Judge-I-cum-Special Judge, Nawada in connection with Hisua P.S.Case No. 12 of 2018 registered under Sections 341,323,354(B),307,504/34 of the Indian Penal Code and under Sections 3 (1)(r) of the Scheduled Castes and Scheduled Tribes Act.

A dispute between two groups had taken place due to defeat in a cricket match between the parties a few days ago and that was the reason for the present occurrence, where it is alleged that the appellant had committed abuse and assault and attempted to outrage the modesty of the

Patna High Court CR. APP (SJ) No.518 of 2018 (03) dt.12-03-2018 informant.

Considering the general and omnibus nature of allegation, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) 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 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T