Ajay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1407 of 2018 Arising Out of PS.Case No. -901 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ===========================================================

1. Ajay Sharma, Son of Late Jay Ram Sharma, Resident of Village-Jadhua Braham Asthan, Police Station-Hajipur Town, District-Vaishali at Hajipur .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sachin Kumar, Adv For the Respondent/s : Smt.Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 15-05-2018 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, Vaishali at Hajipur in connection with Hajipur Town P.S.Case No. 901 of 2017 registered under Sections 420,406,467,468,341,323,379 of the Indian Penal Code as well as under Sections 3(1) of the Scheduled Castes and Scheduled Tribes Act.

The FIR would reveal that the parties had entered into an agreement. Allegation against the appellant is that the appellant snatched the agreement paper and destroyed the same to put off the claim of the complainant to inforce the

Patna High Court CR. APP (SJ) No.1407 of 2018 dt.15-05-2018 agreement.

Submission is that the parties have entered into a compromise. The appellant is also a member of the scheduled castes.

Considering the aforesaid submission, 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/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.05.2018 Transmission Date 16.05.2018