Anjit Paswan @ Anjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.408 of 2018 Arising Out of PS.Case No. -135 Year- 2017 Thana -PUPRI District- SITAMARHI ======================================================

1. Anjit Paswan @ Anjeet Paswan S/o Ganesh Paswan R/o VillageChholikadha, P.S.- Benipatti, District - Madhubani. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ashok Kumar Jha For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T.), Sitamarhi in Pupri P.S. Case No. 135 of 2017 registered under Sections 304/34 of the Indian Penal Code as well as Sections 3(ii)(v) of the SC/ST Act. According to the FIR, this is a case of medical negligence in treatment of the daughter of the informant. The appellant is proprietor of the hospital.

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

Patna High Court CR. APP (SJ) No.408 of 2018 (2) dt.16-02-2018 2/2 of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees 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 and 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) Kundan/- U T